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Hello,
We have a situation were the child applied for SW dependant visa from outside UK, during the same time mother broke the continuous residence 180 days rule due to delivering baby outside UK.

Here are the time lines.

Mother SW dependant visa issued(1st time): 20 June 2018

Mother left UK : 20 Aug 2019

Child Born : October 2019

Father ILR issued : Feb 2020

Child SW dependant visa issued: 10 September 2020

Mother and baby entered UK : 18th November 2020(Mother entered after staying 450 days outside the country and giving birth outside the county).

Father Naturalisation : June 2021.


Now that 5 years continuous residence is nearing for my dependants,

My question is, can the child apply ILR before mother? which is 28-(minus) 10 September 2025.

Or the child and mother have to apply ILR only 28-(Minus) 18th November 2025.

Please advise.

My question is, can the child apply ILR before mother? which is 28-(minus) 10 September 2025.

No. The child cannot apply if the mother is not applying at the same time or the mother already has ILR.

Or the child and mother have to apply ILR only 28-(Minus) 18th November 2025.

Yes.

Child born outside the UK follows the same status as the second/less-privileged parent (in this case, the mother) and is only eligible for ILR with that parent.

EDIT: Beaten by CR001.

Thank you @CR001 and @ secret.simon for a prompt reply.

Hello,

I am British citizen via skilled worker route. My dependant child and wife are on skilled worker dependant visa.
Can I apply for public funds like child benefit, 30 hours free child care, tax free child care .etc for my child?

Would this affect my dependant's ILR application ?
Please advise.

kpmsc wrote: ↑

Wed May 21, 2025 10:54 pm

Hello,

I am British citizen via skilled worker route. My dependant child and wife are on skilled worker dependant visa.
Can I apply for public funds like child benefit, 30 hours free child care, tax free child care .etc for my child?

Would this affect my dependant's ILR application ?
Please advise.

No because the child visa is also subject to NRPF

zimba wrote: ↑

Thu May 22, 2025 2:40 am

kpmsc wrote: ↑

Wed May 21, 2025 10:54 pm

Hello,

I am British citizen via skilled worker route. My dependant child and wife are on skilled worker dependant visa.
Can I apply for public funds like child benefit, 30 hours free child care, tax free child care .etc for my child?

Would this affect my dependant's ILR application ?
Please advise.

No because the child visa is also subject to NRPF

Oh OK. My solicitor mentioned that if I am British citizen, I am eligible to get child benefit on my name on behalf of the child and it will not affect the partner of child's immigration application.
Seems like a grey area.

The NRPF website says, "Eligibility for Child Benefit depends on the parent’s immigration and residence status, rather than the child's nationality or immigration status.
An eligible parent may claim Child Benefit regardless of the child’s immigration status."

I have also attached the link,
https://www.nrpfnetwork.org.uk/informat ... n%20status.

Certain benefits may be possible, follow whatever the NRPF website says