Immigrationboards.com

Hi

My son is an Indian National. He is in UK as my dependent. I have been on ICT tier 2 visa for last 4 years recently switched to general visa (skilled worker). My son has been studying in UK school for last 5 years.

I would like to get clarity on his eligibility to get ILR after being part of 7 years of UK education and all the rules and precedures associated with that ILR and citizenship process. Can someone address this question?
1. Is he eligible for this ILR ( as per 7 year child rule provisions)?
2. If he is eligible, can this process start now (after 5 years stay)?
3. Can you suggest the best way to get a full clarity on this.

Thank you

I believe your son, as dependent, can only gain ILR when you yourself apply for ILR. Being educated in the UK doesn't confer advantages over the immigration rules. ILR and citizenship (naturalisation/registration) are separate processes with different sets of rules.
Others may respond in more detail.

Gudimetlavvenu wrote: ↑

Mon Sep 18, 2023 9:36 am

2. If he is eligible, can this process start now (after 5 years stay)?

I will leave it for others to answer in more depth, but you can only start the application after your child actually meets the requirements, because you will need to submit proof that the child meets the specific set of requirements. You can't start the application two years in advance, because by the time two years are up, the application form may have changed, the underpinning rules may have changed, it is possible that for any number of external reasons, the child does not meet the requirements, etc.

The 7 year pathway to ILR for children is relatively new, only a year old. And it is possible that it may have changed by the time your child actually completes 7 years residence in the UK.

There is no automatic 7-year path to ILR for children. The dependant children of migrant workers cannot benefit from changes introduced under the new Appendix Private life rules. The recent changes under that appendix only benefit non-UK born children who have been granted leave under private life. Children of skilled workers will follow the same path as their parents and settle when both parents settle.