Route for UK born 7 years old whose parents have ILR

David2022 · Post by **David2022** » Tue Aug 30, 2022 2:33 pm

My daughter was born in UK and has completed over 7 years in the country. As per the process, she is eligible for ILR through private life route. However, there is a question in the application 'What immigration permission were you most recently granted?. . She is currently on dependent PBS visa. When I am selecting 'others' category its throwing a message Based on your answers, you are not eligible for this permission. If you continue and your application is refused, your application fee will not be refunded.

Only option its taking is if I select 'PRIVATE LIFE'. But I am not sure if this is right thing to do. Can you please advise?.

zimba · Post by **zimba** » Tue Aug 30, 2022 2:39 pm

Because your child is NOT eligible. It seems like many people, you do not understand the new rules at all. This has been asked many times and answered on the forum already. The non-UK born dependant children of migrant workers cannot benefit from new changes as such a child is required to have been granted leave under private life. Your child is not eligible to be granted leave under private life normally. She stays under the same visa route as you (dependant visa holder) and settles when both parents settle. The fact that he has been in the UK for 7 years is irrelevant

indefinite-leave-to-remain/what-chances ... l#p2077887

For UK born children, you must still show that it would not be reasonable to expect them to leave the UK. So there is no automatic entitlement at all.

CR001 · Post by **CR001** » Tue Aug 30, 2022 2:40 pm

Zimba wrote: ↑
Tue Aug 30, 2022 2:39 pm
Because your child is NOT eligible. It seems like many people, you do not understand the new rules at all. This has been asked many times and answered on the forum already. The non-UK born dependant children of migrant workers cannot benefit from new changes as such a child is required to have been granted leave under private life. Your child is not eligible to be granted leave under private life normally. She stays under the same visa route as you (dependant visa holder) and settles when both parents settle. The fact that he has been in the UK for 7 years is irrelevant

indefinite-leave-to-remain/what-chances ... l#p2077887

The OP states the child was born in the UK and was not born abroad.

zimba · Post by **zimba** » Tue Aug 30, 2022 2:44 pm

I missed that. However for UK born children, they must still show that it would not be reasonable to expect them to leave the UK: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085439

David2022 · Post by **David2022** » Tue Aug 30, 2022 3:42 pm

Zimba wrote: ↑
Tue Aug 30, 2022 2:39 pm
Because your child is NOT eligible. It seems like many people, you do not understand the new rules at all. This has been asked many times and answered on the forum already. The non-UK born dependant children of migrant workers cannot benefit from new changes as such a child is required to have been granted leave under private life. Your child is not eligible to be granted leave under private life normally. She stays under the same visa route as you (dependant visa holder) and settles when both parents settle. The fact that he has been in the UK for 7 years is irrelevant

indefinite-leave-to-remain/what-chances ... l#p2077887

For UK born children, you must still show that it would not be reasonable to expect them to leave the UK. So there is no automatic entitlement at all.

my child is UK born and has been living in the UK for more than 7 years. Why is she not eligible?

Zimba wrote: ↑
Tue Aug 30, 2022 2:44 pm
I missed that. However for UK born children, they must still show that it would not be reasonable to expect them to leave the UK: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085439

so which option should I select then?. Of course she is eligible but I think their is a glitch in the form!

zimba · Post by **zimba** » Tue Aug 30, 2022 5:14 pm

It is not just about 7 years here. You need to prove for it would not be reasonable to expect the UK born child to leave the UK with the parents. For Tier 2/PBS/worker routes, the expectation is that the child is your dependant and they can leave with you at any time. So this will make it very difficult to get ILR for such a child while parents have limited leave to remain under Tier2/PBS/work/etc visa.

Worker migrant dependents do not have any entitlement to ILR under new rule changes even if born in the UK. Click on the link of the discussion I posted before

If one parent gets settled, then a case can be made.

Zimba wrote: ↑
Tue Aug 30, 2022 2:44 pm
I missed that. However for UK born children, they must still show that it would not be reasonable to expect them to leave the UK: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085439

David2022 · Post by **David2022** » Wed Sep 28, 2022 2:53 pm

Hi,
Can someone please suggest the route to apply for ILR of a 7 years old who is UK born. Both parents have recently got the ILR.

CR001 · Post by **CR001** » Wed Sep 28, 2022 3:02 pm

If both parents have ilr, you can use form SET F.

however, a UK born child can be registered as British on form MN1 once either parent has been granted ilr and the child does not need ilr to be able to apply for British citizenship.

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