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ILR For Child Born Outside the UK

Posted: Sat Nov 23, 2019 4:52 pm
by Duchess07
Greetings to you all

I am seeking advice from this forum regarding a visa application for my son. The background of the story is that my son and I moved to the UK in July 2019 (Fiancée Visa and Child dependent Visa respectively - both 6 months ). I am in the process of switching to a spouse visa as I am now married, but I cannot help but wonder if my son qualifies for ILR under his father who has ILR? If yes, is there an IHS FEE required for him with the ILR application?

Thank you in advance for your assistance.

Re: ILR For Child Born Outside the UK

Posted: Sat Nov 23, 2019 4:58 pm
by zimba
Children born outside the UK follow the immigration path of the less privileged parent. So ILR is only granted when both parents are also granted ILR. ILR has no IHS fees

Re: ILR For Child Born Outside the UK

Posted: Sat Nov 23, 2019 5:05 pm
by Duchess07
Thank you so much for your prompt reply @Zimba!

On my spouse visa application it asks if I have any dependents and whether I want to include them on my application. So at it stands, we’ve raised enough money for 1 application so far and were planning to submit mine (spouse) now and then my son’s one later just before his 6 month child dependent visa expires in January. Would it be a big issue to the HO that we have submitted separately as on my application they also ask why I am not including my child on it?

Re: ILR For Child Born Outside the UK

Posted: Sun Nov 24, 2019 4:06 pm
by zimba
It should be fine as he has visa for now but UKVI may ask questions. Simply explain that you prefer to apply later