ILR for Child born out of UK

[Hayris10]

Hi

Could someone clarify if my understanding is correct?

1) Both the parents are ILR on 10 years route. Their last visa was skilled worker
2) Child is born outside UK
3) Child has been in UK for 9+ years
4). child is skilled worker dependent since last 3 years and has been a work visa (ICT) dependant since from the beginning
5) child is below 18 years and unmarried

I see this page https://www.gov.uk/indefinite-leave-to- ... -work-visa saying

If your parent is already settled:

You can apply for indefinite leave to remain as a dependant on your parent’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’).

Your parent must have had permission to be in the UK on a work visa when they settled.

what does this mean for my child's situation? Is my child eligible to apply for ILR now? Or should he need to wait till 10 years completion and apply on his own for ILR under 10 years LR route?

[zimba]

Children do not have a residence requirement and can settle when both parents settle. Apply now using form SET(F)

[Hayris10]

Thanks Zimba for the response. Just for my information sake, can you point me to the case worker guidance or relevant documentation on this?

[zimba]

Paragraph 297 of the Immigration rules, part 8:

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) does not fall for refusal under the general grounds for refusal.

https://www.gov.uk/guidance/immigration ... ly-members