ILR App or Eligibility for Child from 2.3 years in UK

[kniilesh]

Hi Immigration Board,

Please can you help on the below queries regarding the ILR application for my child.

Background: I am completing my 5 years in UK on Skilled Worker Tier 2 Visa in Nov 2023 where as my Dependant Child (2006 Jan born, Age: 17 yrs complete) and Spouse joined me in UK after completion of my 3 years in UK and so they will be only completing 2.3 years in UK by Nov 2023 wherein I will be eligible for ILR. We all have the current Skilled worker and dependant Visa Valid till 31-12-2024.

Query: As I will be submitting my ILR application in Oct/Nov (once eligible) can I also file the ILR application for my child (2006 Jan born, Age: 17 yrs complete) who will be completing 2.3 years in UK in Nov 2023 but still dependant on me and not yet completed 18 years of age ? If not please
1. May I know the reason why my child cannot quality for ILR given one of the parent is eligible for ILR.
2. Can I be on ILR from Nov 2023 and my Spouse and Child will continue on Dependant Skilled Worker Visa as the expiry is in 31-12-2024? Do i need to renew their VISA and file for their ILR or any other Dependant Visa?
3. When earliest I can file for my child's ILR ? Can I file for Child's ILR next year in Nov 2024 when i will apply for my British Citizen i.e. before child's existing expiry of the Dependant Skilled Worker Visa 31-12-2024 but again in Nov 2024 I will be eligible for British Citizen but my Child would have completed 4.3 years in UK and will be 18 years of age ?

Request you to please help me on the above queries.

Thanks and Regards,
Nilesh

[CR001]

1. The immigration rules dont permit it. A child will follow the same route as the other dependent parent and child will qualify for ILR when that parent does.

2. Yes they can. They apply for a pbs dependent extension. It will be a 3 year extension.

3. The child can apply for ILR when your spouse does. You becoming g British doesn't change that.

[secret.simon]

To put CR001's point above another way, a non-British citizen child born abroad follows the same immigration pathway and has a UK immigration status in line with the second/less-privileged parent.

Be aware that given the age of the child, they will almost certainly be treated as an Overseas Student and will be charged overseas fees (which are many multiples of home student fees) for the whole of any university course they undertake in England (Scotland, Wales and Northern Ireland may have different rules), even though they live in the UK. The fee status is determined as that on the first day of the first year of the course and a subsequent change of the status does not change the fees payable for the rest of the course. You may want to look at Scottish and Northern Irish universities for their fee structures.

I did a part-time course from an English university while working on my work visa and was charged the full overseas fees, even though I was resident in England and indeed paying taxes here.

Also, as the child will be over the age of 18 when they get ILR, they will not be able to register as a British citizen, but will need to naturalise, like you meeting all the requirements of an adult (one year delay after ILR, absences, physical presence, English language and LITUK tests, etc). You may want to start planning for that eventuality too.

[meself2]

On the side note:

We all have the current Skilled worker and dependant Visa Valid till 31-12-2024.

Is that the date you got on your BRP or in the decision letter? All BRPs are going to be phased out, so they have validity till last day of 2024; actual visa validity might be longer. You may wish to check that.