How to assess a child's settlement position when parents qualify for indefinite leave to remain on different routes or at different times.
01
Identify the child's own immigration category first.
A child connected with a family-route parent may fall under paragraph 298 or Appendix Settlement Family Life, depending on the adult's settlement route. A child dependent on a work-route migrant must instead be assessed under the relevant work-route dependant provisions.
The fact that 2 families use similar language to describe their situation does not mean the same settlement rule applies. Establish the child's previous grants, current expiry, the parent's route and the provision governing the proposed application.
02
Map both parents' status and the child's actual living arrangements.
Parental settlement, British citizenship, responsibility, care arrangements and whether the child normally lives with 1 parent can become relevant, but the available exceptions differ between legal frameworks.
A provision that assists a child under paragraph 298 must not be imported into Appendix Settlement Family Life or a work route without confirming that the same exception actually exists. Separation, shared care or a parent living abroad may materially alter the analysis.
03
Preserve the child's lawful position while the adults' cases move.
In some cases the appropriate answer may be a settlement application with the qualifying parent. In others the child may require further limited permission, a differently timed application or an assessment of British citizenship, particularly where the place and date of birth are relevant.
Sequence the applications against each expiry date and the actual rules rather than submitting the child's application merely because 1 adult has become eligible. Do not assume that an adult's application automatically protects a child's separate deadline.