Dependent visa for child born outside of the UK

[KirkL]

Hello,

I'm on a skilled worker visa and I'm eligible for ILR in September 2026 (my skilled worker visa is valid until then as well). My partner is eligible in September 2027 (her dependent visa is only valid until September 2026 and will require an extension after I get ILR). We're considering having our child back home (closer to family which my partner is more comfortable with) despite the massive cost implications.

1. Will we need to apply for a dependent visa for our child before bringing them to the UK? Or given visa-free travel, can we bring them here and then apply for a dependent visa? We're aware that without a dependent visa, they would not be eligible for NHS
2. Will the child's visa term align with mine or my partner's (or the shorter of two)?
3. Will the child be eligible for ILR when one of us is eligible for ILR? Or is there a 5-year residence requirement for them?
4. Similarly, when one of us gets citizenship, can the child apply as well?

[CR001]

1. You need to apply for a depdndwnt visa before bringing rhe baby back.

2. You haven't said when the child is due and when your spouse plans to travel out of the uk? Both your visas have the same expiry daye so unsure what you mean by shorter of the two.

3. No, child will be eligible for ilr when your spouse applies.

4. The child needs ILR and one parent must be applyinging for citizenship and rhe other just have ilr.

[KirkL]

Thank you, CR001! Very helpful!

2. Child due in a few months and spouse is currently in the 2nd trimester planning on traveling out of the UK asap. Sorry, I thought I added this additional detail. My skilled worker visa expires in Nov 2026 and spouse's dependent visa expires in May 2026. I assume the child's visa is tied to one of our visas and I was wondering if it'll be tied to shorter of the two visas.

3. So in 2027 and not when I apply for ILR in 2026. Got it, thank you!

[CR001]

2. Child's visa will have an expiry date in line with the parent whose visa expires first.

[KirkL]

2. Child's visa will have an expiry date in line with the parent whose visa expires first.

Thought so, thank you!

Is there any reason why the child won't be allowed to apply for ILR along with me? Is it also a case of eligibility with whoever will apply ILR later?

[CR001]

Children follow the immigration route of the less privileged parent in visa and residence time under the skilled worker route.

Children can only apply for ilr when nothing parents are applying or when the second parent qualifies and is applying and the other parent has ILR. This has always been the case for work visa routes.

[KirkL]

Children follow the immigration route of the less privileged parent in visa and residence time under the skilled worker route.

Children can only apply for ilr when nothing parents are applying or when the second parent qualifies and is applying and the other parent has ILR. This has always been the case for work visa routes.

Makes sense, thank you for the explanation! I suppose we have spouse and child visa extensions to consider after I get ILR too...to get them to ILR.

[CR001]

Yes, and your spouse should be in the uk to apply for an extension.

It will be a 3 year extension.

[KirkL]

Yes, and your spouse should be in the uk to apply for an extension.

It will be a 3 year extension.

Yep and non refundable too right (the IHS fee)? I just realized we have to consider the no 180 days out of country in rolling 12 month period requirement as well.

On a different note, is there any reason why we can't bring the child over without a visa given US citizens also have visa-free entry into the UK? And apply for a dependent visa while here?

I ask because to get an expedited US passport for the child, it looks like we need to show that we need to apply for a foreign visa within 28 days. So showing why the above is not allowed might be helpful in dealing with the expedited request

[CR001]

Visa free only means no pre-approved visa process. The child would still be admitted as a visitor.

You cannot switch to a dependent visa within the UK if here as a visitor.

https://www.gov.uk/skilled-worker-visa/ ... -this-visa

Who cannot apply to switch to this visa
You cannot apply to switch to this visa if you’re currently in the UK:

on a visit visa
on a short-term student visa
on a Parent of a Child Student visa
on a seasonal worker visa
on a domestic worker in a private household visa
on immigration bail
because you were given permission to stay outside the immigration rules, for example on compassionate grounds

[KirkL]

Visa free only means no pre-approved visa process. The child would still be admitted as a visitor.

You cannot switch to a dependent visa within the UK if here as a visitor.

https://www.gov.uk/skilled-worker-visa/ ... -this-visa

Who cannot apply to switch to this visa
You cannot apply to switch to this visa if you’re currently in the UK:

on a visit visa
on a short-term student visa
on a Parent of a Child Student visa
on a seasonal worker visa
on a domestic worker in a private household visa
on immigration bail
because you were given permission to stay outside the immigration rules, for example on compassionate grounds

Gotcha! Very helpful - thank you!