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ILR for baby

Posted: Thu Jan 16, 2020 2:51 pm
by Eli1986_UK
Hi All,

My son was born outside the UK (in 2018) and currently on a PBS dependent visa. Me and my wife got our ILR last week so I would like to know if he has to spend 5 years (just like any dependent) or can I apply for ILR now?

I went through the home office and couldn’t find much information on this. Any help is highly appreciated!!

Re: ILR for baby

Posted: Thu Jan 16, 2020 3:06 pm
by CR001
so I would like to know if he has to spend 5 years (just like any dependent)
No.
or can I apply for ILR now?
Yes. He could have applied at the same time as parents.

Re: ILR for baby

Posted: Thu Jan 16, 2020 3:40 pm
by Eli1986_UK
thank you for the confirmation.

Re: ILR for baby

Posted: Thu Jan 16, 2020 5:58 pm
by Eli1986_UK
Sorry for another question, again, I have searched the internet almost 6 hours but couldn't find it. When my son's visa was processed, I was informed that he has to spend 5 years in the UK to qualify for ILR despite me getting ILR this year. Why would this be changed? Is it because both the parents (me & wife) hold an ILR? I understand that if the child is born in the UK, he is entitled for ILR when either of the parent ILR but not sure about the process for non-UK born children.

Re: ILR for baby

Posted: Thu Jan 16, 2020 7:03 pm
by CR001
There is no minimum residence requirement for children if PBS dependents. They qualify for ilr when parents do. It is not mentioned because there is no such minimum requirements.

A UK born child is entitled to apply for citizenship when a parent gets ILR, the child doesn't need ilr at all.

Re: ILR for baby

Posted: Fri Jan 17, 2020 11:20 am
by Eli1986_UK
Thank you very much! Appreciate it as always!