Query on Child Visa for ILR parent

Hi Everyone,

I have been recently granted ILR under SET LR route in February 2023. Previously I was on skilled worker visa. My daughter is on my dependent with Dependent Child visa which is valid till 24 May 2024. My daughter was born outside UK. My wife is on her own skilled worker visa.

What should I do now for my daughter after I have the ILR? Can she continue with the current Dependent Child Visa that she has till 24 May 2024. Or Is there anything like ILR dependent which I need to apply for her now.

I am planning to apply for citizenship after 12 months. Can I apply for citizenship of my daughter along with me.

Could you please guide me what should I do for my daughter. She was born outside UK.

Thanks, Sujit

The best course of action is to apply for a new skilled worker dependant visa as the child will have to follow the immigration path of the less privileged parent. The child will be able to settle with your wife.

Non-UK-born children do not have any entitlement to British citizenship. The child can be registered via discretion after you are granted citizenship and your spouse is settled with the child.

Thanks for your reply.
I didn’t get why I need to add the child as dependent to my spouse again. Can i not keep on the same dependent visa as she is now which expires on 24 May 2024. By that i would have progressed my citizenship and then apply for her citizenship.
Am I wrong in understanding anything here.
Thanks, Sujit

Your understanding is wrong.

As you applied for ILR based on long residence route and not pbs 5 year route, your dependent needs to change visas.

She needs ILR before she can apply for citizenship.

She can only get ILR when your spouse does.

You should apply for her dependent visa based on your spouse pbs visa and rhen apply for ILR for both of them when your spouse meets the requirement

Thank you for your reply.

I am little bit concerned for my child to add to spouse dependent visa, as my spouse skilled worker sponsorship is not permanent. So wanted to keep my child on my dependent.

Can I not apply for my child to come under FLR M dependent? If yes, do I need to do it as soon as possible or can wait till 27 May 2024 when the child current dependent visa expires.

Thanks, Sujit

Can I not apply for my child to come under FLR M dependent?

No. You can only go this route if your spouse does too.

If you have travel plans with the child, you must change visas as soon as possible. This is the rewuslt of you applying for ILR based on 10 years long residence and not 5 years pbs route.

Thank you for your reply.

Before my ILR on the 10-year route, I was on a skilled worker visa and my child is on my dependent visa.

I found the below rules from Home Office documentation. Please let me know if I am misunderstanding anything here.

From the below does this not mean that my child can continue with the same dependent visa that she has now and complete the 5-year route and then be eligible for ILR?

Please correct me.

*****************************

Location of Partner or Child Specified form
Applicant outside the UK Dependant partner visa
Dependant child visa
Applicant inside the UK Dependant partner
Dependant child

SW 26.2. An application for entry clearance or permission to stay as a partner or child of a Skilled Worker must meet all the following requirements:

(a) any fee and Immigration Health Charge must have been paid; and

(b) the applicant must have provided any required biometrics; and

(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and

(d) the applicant must be applying as partner or child of a person (P) who:

(i) has made a valid application for entry clearance or permission to stay in the UK on the Skilled Worker route that has not been decided; or

(ii) has entry clearance or permission to stay on the Skilled Worker route; or

(iii) is settled or has become a British citizen, providing that P had permission on the Skilled Worker route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled.

Relationship requirement for a dependent child of a Skilled Worker

SW 30.1. The applicant must be the child of a parent (P) where one of the following applies:

(a) P has permission on the Skilled Worker route; or

(b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Skilled Worker route; or

(c) P is settled or has become a British citizen, providing P had permission on the Skilled Worker route when they settled and the applicant had permission as P’s child at that time.

Children do NOT have any residence requirements. There is no 5-year requirement as children will ONLY settle when both parents settle. Your child can ONLY settle when your spouse settles. There is no other magical path to settlement

The only issue here is that the child CANNOT be your dependant anymore as you got ILR under the long residence, so you should apply for a new dependant visa so the child becomes dependent on the mother's visa. Then they both settle together when your spouse has 5 years.

Hi - Thanks for your reply again.

I completely agree that the Child can get a settlement when my spouse gets ILR.

But I am finding it difficult to understand why my child can't be on my dependent if I got ILR under the long residence route. I don't find any evidence for that. The only evidence I found about the dependent child is SW 26.2 (https://www.gov.uk/guidance/immigration ... led-worker)

Could you please guide me on the right reference link for "child CANNOT be your dependant anymore as you got ILR under the long residence"

Note - I got ILR under 10 years long residence and my last visa was a Skilled Worker visa. The child currently is on the same Skilled worker-dependent child visa.

*********
SW 26.2. An application for entry clearance or permission to stay as a partner or child of a Skilled Worker must meet all the following requirements:

(a) any fee and Immigration Health Charge must have been paid; and

(b) the applicant must have provided any required biometrics; and

(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and

(d) the applicant must be applying as partner or child of a person (P) who:

(i) has made a valid application for entry clearance or permission to stay in the UK on the Skilled Worker route that has not been decided; or

(ii) has entry clearance or permission to stay on the Skilled Worker route; or

(iii) is settled or has become a British citizen, providing that P had permission on the Skilled Worker route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled.

sujit89 wrote: ↑

Mon Feb 06, 2023 3:37 pm

Note - I got ILR under 10 years long residence and my last visa was a Skilled Worker visa. The child currently is on the same Skilled worker-dependent child visa.

As you've got permission via SET(LR), your dependents can't use you as a skilled worker.

meself2 wrote: ↑

Mon Feb 06, 2023 3:40 pm

sujit89 wrote: ↑

Mon Feb 06, 2023 3:37 pm

Note - I got ILR under 10 years long residence and my last visa was a Skilled Worker visa. The child currently is on the same Skilled worker-dependent child visa.

As you've got permission via SET(LR), your dependents can't use you as a skilled worker.

https://www.gov.uk/government/publicati ... accessible

If the lead applicant has settlement on the basis of long residence, including where they have subsequently naturalised as British citizens, their partner cannot extend their permission or gain settlement as a dependant under the routes this guidance relates to and must switch into the partner of a settled person category and apply for permission to stay.

Agree to the below.

But however, it doesn't say to me anything about the child can't be on a Skilled worker-dependent visa.
It talks mainly about the Dependent Partner.

Agree that in my case the child can't apply for settlement based on my Skilled worker visa, she will only be eligible when my spouse gets ILR.

However, it doesn't mention about the child's current dependent visa is invalid and needs to be switched if one parent having ILR under long residency (agree it won't be considered for ILR till my spouse has got ILR)

Sorry little bit confusing

sujit89 wrote: ↑

Mon Feb 06, 2023 4:10 pm

Agree to the below.

But however, it doesn't say to me anything about the child can't be on a Skilled worker-dependent visa.
It talks mainly about the Dependent Partner.

Agree that in my case the child can't apply for settlement based on my Skilled worker visa, she will only be eligible when my spouse gets ILR.

However, it doesn't mention about the child's current dependent visa is invalid and needs to be switched if one parent having ILR under long residency (agree it won't be considered for ILR till my spouse has got ILR)

Sorry little bit confusing

No one ever claimed above that their visa will be invalid. Where did you get that idea ???
The point is that the grant of the dependant visa was based on your previous skilled worker status visa that gets cancelled after you get ILR under the long residence. As you did NOT settle under the skilled worker route, then any dependant visa is also now subject to curtailment and cancellation in line with your lost status. Their visas remain valid but UKVI may curtail or cancel the visa at the border if they attempt re-entry. So such dependants are advised to be switched to the appropriate visa category to be on the safe side.

See: https://assets.publishing.service.gov.u ... ission.pdf

This is why you were ADVISED to apply for new dependant visa in line with the mother's visa status instead

Thank you for the reply.

One more query, if I apply for my child dependent visa now under my spouse's Skilled worker, will she be eligible for an IHS refund after the application is successful, as we have already paid IHS fees in the previous skilled worked dependent visa and which is valid till 27 May 2024?

Thanks

No