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can baby born in UK before only 1 parent got ILR also apply for ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ychina
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can baby born in UK before only 1 parent got ILR also apply for ILR?

Post by ychina » Thu Nov 14, 2019 7:55 pm

My child was born in the UK before my husband got ILR, but I'm a still 2 years away from apply my ILR. can my child apply for ILR on his own?

The immigration law 319J (b) says:
The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.

but (e)says Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:...

Thanks

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CR001
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Re: can baby born in UK before only 1 parent got ILR also apply for ILR?

Post by CR001 » Thu Nov 14, 2019 8:50 pm

Your question was already answered by vinny with the rules link when you asked on 27 October.

indefinite-leave-to-remain/set-o-questi ... l#p1841362
Char (CR001 not Casa)
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