ILR for child 5 year route

Hi ,

I would like to get the expert's view on this

Myself , Wife & 2 children ( Son aged 3 years 3 months , Daughter age 1year 5 months as of Nov 2019 , both the children born outside of UK ) came to the UK on Nov 2019 with myself as the Main applicant on Tier 2 ICT and my wife , 2 children as Tier 2 ICT dependents .

In June 2021 , My company approved my transfer from a Tier 2 ICT to Skilled Worker Visa and i became the Main Applicant - Skilled Worker and my wife , 2 children became the Skilled Worker Dependents

In Oct 2022 , we were blessed with a baby boy who was born in UK in Barnet , London .

Under the new changes to the Immigration for Child to get an ILR , can you please help with below

1. Our Son & daughter born outside the UK have now lived 44 months in the UK , will they be able to apply for ILR after they complete 60 months ( 5 years ) based on the Child 7 year route ?
2. Our 3rd Child born in UK in Oct 2022 , as per the rules it says he can apply for ILR after 7 years ? Is that correct ?

Thanks
Chandru

chandruraj wrote: ↑

Thu Jun 08, 2023 10:37 am

1. Our Son & daughter born outside the UK have now lived 44 months in the UK , will they be able to apply for ILR after they complete 60 months ( 5 years ) based on the Child 7 year route ?

No. For this children should be on the Private Life route; they're on a dependent visa in your case.

chandruraj wrote: ↑

Thu Jun 08, 2023 10:37 am

2. Our 3rd Child born in UK in Oct 2022 , as per the rules it says he can apply for ILR after 7 years ? Is that correct ?

As the child was born in the UK, he could be registered as a citizen as soon as one of the parents holds ILR. Would you need to look into the route you mention?

UK born children can get ILR after 7 years but you must demonstrate that it will be unreasonable for them to leave the UK, this is hard to prove when you are all here as worker migrants and dependants.

Non-UK-born children will need 5 years under private life to qualify.

See: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085442