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Child born in UK – ILR or dependant visa after I get settlement?

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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aashishc
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Child born in UK – ILR or dependant visa after I get settlement?

Post by aashishc » Fri Jul 31, 2026 2:21 pm

My daughter was born in the UK (currently on a dependant visa). I'm applying for my ILR in early August with the priority service.

After my ILR is granted, can I then apply for her ILR as my dependant, or does she only qualify for a dependant visa extension at that point?

secret.simon
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Re: Child born in UK – ILR or dependant visa after I get settlement?

Post by secret.simon » Fri Jul 31, 2026 8:13 pm

aashishc wrote:
Fri Jul 31, 2026 2:21 pm
My daughter was born in the UK (currently on a dependant visa)
Because your child was born in the UK, they should be eligible for ILR with you.

But wait for others, such as @zimba, to advise on whether you can apply for them with your application or whether you need to apply for ILR for them as a separate application after you are granted your ILR.
Immigration Rules part 8: family members wrote:306. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where leave to remain is sought, the child may be granted leave to remain for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met. Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.
Also see OP's longer query in the British Citizenship forum.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

aashishc
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Re: Child born in UK – ILR or dependant visa after I get settlement?

Post by aashishc » Sat Aug 01, 2026 8:40 am

Thank you for the response.

I do understand I can apply for her ILR along with ours. However, I would try to apply for her MN1 only if we (me and my wife) get our ILR on time (not delayed), and if we are able to expedite her citizenship registration.

If not, I would like to have an option to later get my daughters ILR (settlement) as her current visa expires on 2ns october. Also, we plan to travel. All this without damaging her residency/stay in UK she had so far, without reseting any of the options we have for our daughter.

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zimba
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Re: Child born in UK – ILR or dependant visa after I get settlement?

Post by zimba » Sun Aug 09, 2026 2:48 am

A child will always follow the immigration path of the less privileged parent when it comes to the visas. The child can get ILR at the same time as you both, or she can remain under a dependant visa.

After a parent gets ILR, a UK born child is entitled to British citizenship. MN1 is not an immigration application but a nationality application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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