Clarification on Dependent ILR and British Citizenship Eligibility for UK-Born Child After Main Applicant Receives ILR

[kumar8080]

I am the primary applicant on a Skilled Worker Visa. My visa started on 14 October 2021 and is currently valid until 14 November 2026. I expect to become eligible for Indefinite Leave to Remain (ILR) around September/October 2026.

My child was born in the UK and currently holds a Skilled Worker dependent visa valid until 11 November 2026.

However, my child stayed outside the UK for approximately 1.5 years in India and returned to the UK on 28 November 2023. During this period, my child was outside the UK for more than 180 days.

I would like clarification specifically regarding my child’s eligibility for British citizenship.

My understanding is that a child born in the UK may be eligible to register as a British citizen once one parent obtains ILR.

Could you please confirm the following:

1. After I obtain ILR, can my UK-born child apply directly for British citizenship registration without first obtaining ILR?

2. Will my child’s absence from the UK for approximately 1.5 years affect eligibility for British citizenship registration?

3. Does my child still need to complete a 5-year qualifying period and obtain ILR before applying for British citizenship, despite being born in the UK?

I would appreciate clarification on the correct process and eligibility requirements in this situation.

[lolo2]

1. Yes.

2. No.

3. No.

[kumar8080]

Thanks @lolo2,

[kumar8080]

hi lolo2,

Just want to understand better:

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

sections 1(3) and 1(3A) provide registration by entitlement of minors born in the UK after 1 January 1983

But

Section 1(7) of the British Nationality Act 1981 gives discretion to allow absences of more than 90 days in any one or more of the first 10 years of the person’s life. You should normally waive excess absences if:

the number of days absent from the UK in any one of the years does not exceed 180 days and the total number of days over the 10-year period does not exceed 990 days

the number of days absent exceeds 180 or 990 respectively but was due to circumstances beyond the family’s control, such as a serious illness

You must not waive excess absences over 180 days in a single year or 990 days in the 10-year period where

which one applicable for my case ? please confirm

thanks

[CR001]

You are NOT applying under the 10 year route.

You are applying under section 1(3) and there is NO absence limitation!!! 1000's have done this application.

Read only what is relevant to you. There are many routes to registration, each with their own requirments. Stop confusing yourself and misinterpreting rules that dont apply to the route for your children.

[kumar8080]

Thanks a lot for the clarification