Parents with Indef Leave to Remain

[aa927]

Hi,

We are Americans with Indefinite Leave to Remain. We had a baby in July 2013 in the USA. What do we have to do to get our baby Indefinite leave to remain? Do we have to apply via form SET(F):
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset(f)/
Thanks!

[vinny]

Yes, subject to 299, if she is in the UK. Else, see also Applying for a visa as the child of a British citizen or settled person.

[aa927]

Im a bit confused by 299 and 300. We are already in the UK. We entered with our indef leave cards but the baby is just here on his US passport. Should we have applied before coming back to the UK?

[vinny]

Probably.

299 permits any dependent child under 18 to apply for ILR, provided all the requirements of 298 are met. However, there is a risk of refusal because he is a visitor.