ILR for baby

[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!!

[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.

[Eli1986_UK]

thank you for the confirmation.

[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.

[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.

[Eli1986_UK]

Thank you very much! Appreciate it as always!