Help - Can I apply for ILR for my daughter?

[ekojoka1]

I brought my daughter here in 2011 on a student visa dependant, then she was 6years old, after the visa expires, we have been making different applications as overstayers, and now we have been granted our leave to remain on the bases of private family life 30months in December 2021 and my daughter is my dependant. Now, my daughter will be 18 next April.

1. Please can anyone tell me when she can apply for her ILR? Can she apply now for ILR, as she has LEAVE TO REMAIN 30months as my dependant, or does it have to wait till she is 18yrs in April next year to apply for her ILR? Or wait till our 30months' leave to remain is over when we renew. I am confused.


2. Also, our leave to remain is 30months, and it stated on the letter that we can renew our BRC a month before the end date, but did not say what kind of leave to remain we have, or how many times we need to renew it before qualifying for ILR.

Looking forward to your response.

[Ticktack]

I brought my daughter here in 2011 on a student visa dependant, then she was 6years old, after the visa expires, we have been making different applications as overstayers, and now we have been granted our leave to remain on the bases of private family life 30months in December 2021 and my daughter is my dependant. Now, my daughter will be 18 next April.

1. Please can anyone tell me when she can apply for her ILR? Can she apply now for ILR, as she has LEAVE TO REMAIN 30months as my dependant, or does it have to wait till she is 18yrs in April next year to apply for her ILR? Or wait till our 30months' leave to remain is over when we renew. I am confused.


2. Also, our leave to remain is 30months, and it stated on the letter that we can renew our BRC a month before the end date, but did not say what kind of leave to remain we have, or how many times we need to renew it before qualifying for ILR.

Looking forward to your response.

Correct me if I'm wrong, but it seems like you've only just regularised her stay her in the UK. If that is the case, your daughter's immigration journey has just started. She would be able to apply for ILR after 10 years of living lawfully here in the UK.

However, if you've always had a legal stay here in the UK since 2011 and not overstayed any of your visas, then 2021 made it 10 years of legal stay based on family life, then she can apply for ILR.

[zimba]

There is no basis for her to apply for ILR after 30 months of residence under the private life rules. She requires 10 years of lawful residence for ILR to apply under private life Long residence ILR. She may be able to get ILR sooner if she switches to another visa category like the Skilled worker visa (via work sponsorship).

New rules will be brought in July under Appendix Private Life which will allow young adults (be aged 18 to 24 and resident here for at least half their life) to choose whether to apply for 30 months’ or 60 months’ permission/extensions under private life.

https://web.archive.org/web/20220317123 ... ife-rules/

Also note that you can apply to renew your residence anytime before visa expiry.

[ekojoka1]

Ok thank you for your response. And Yes we just regularised our status, at a time we were overstayers.

1. So, you said I do not need to wait till my 30months end to apply to renew my leave? Can I apply like a year before my visa end?

2. And with the new law coming in July, can I apply for ILR immediately in July for my 7 years old child born in the UK, and never traveled out before? he is under my LTR as dependant,or Should I just wait till he is 10years and apply for his British passport?

3. With the new law coming in July, does it mean that my daughter can apply for ILR after the this first 30months end? or does she have to reapply for the 30months or 60months first?
Will appreciate your response.

[zimba]

1. Yes but what is the point of applying that early ??
2. Yes. Children born here will have an accelerated route to ILR after 7 years. Under section 1(4) of nationality law, registration requires your child to be 10 years old. Getting ILR for him is your choice.
3. No. As I explained to you above, she only gets the benefit of applying for a longer limited leave

[Ticktack]

Ok thank you for your response. And Yes we just regularised our status, at a time we were overstayers.

1. So, you said I do not need to wait till my 30months end to apply to renew my leave? Can I apply like a year before my visa end?

2. And with the new law coming in July, can I apply for ILR immediately in July for my 7 years old child born in the UK, and never traveled out before? he is under my LTR as dependant,or Should I just wait till he is 10years and apply for his British passport?No you cannot apply for his British Passport! British passports are for British Citizens, which your child isn't. You can apply to register him as a British Citizen, then work your way forwards from there. The rest is as stated by Zimba.

3. With the new law coming in July, does it mean that my daughter can apply for ILR after the this first 30months end? or does she have to reapply for the 30months or 60months first?
Will appreciate your response.

[ekojoka1]

Thank you so much for all your response.

My last set of questions are-

1. So, if I apply for ILR now for my child of 7 years, will he still be able to become a British citizen after a year of holding ILR? or he will still have to wait till he is 10 yrs?

2. I read from the attachment you posted that (For seven-year children who weren’t born in the UK, there is a new accelerated route enabling them to get ILR after five years’ leave instead of ten). So, that means my daughter can apply for ILR after 5 years of holding leave to remain right? As she is not born in the UK but lived most of her life here. Including my other son of 13years.

Thank you for your response.

[zimba]

1. Registration for British citizenship can only happen after the child turns 10. Children do NOT naturalise and can only be registered
2. Yes there is a minimum requirement