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ILR Eligibility for Child Born Outside UK – Came in Jan 2022

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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RahulJaiswal91
Newly Registered
Posts: 2
Joined: Sat Jul 05, 2025 9:24 am
India

Switching Skilled Worker Sponsor – ILR Eligibility and New Rules

Post by RahulJaiswal91 » Sat Jul 05, 2025 9:29 am

Hello,

I was sponsored under a Skilled Worker visa in the care sector starting February 2025, valid until 2027. However, my payroll has never run and no taxes have been paid. I now want to switch my sponsorship to another field, possibly IT.

I have a few questions:

Will the time already spent on my care visa count towards the 5-year ILR requirement if I switch sponsors?

If I get a new sponsor after 22 July 2025, will the new ILR rules apply to me (10-year route)?

Does the non-payment of salary or tax affect my ILR eligibility?

I'd really appreciate any guidance or experiences from others who have been through this.

Thanks in advance!

RahulJaiswal91
Newly Registered
Posts: 2
Joined: Sat Jul 05, 2025 9:24 am
India

ILR Eligibility for Child Born Outside UK – Came in Jan 2022

Post by RahulJaiswal91 » Sat Jul 05, 2025 9:34 am

Hello,

I moved to the UK in January 2022 on student visa, and my spouse and my daughter (who was 1 year old at the time) came with me as my dependant.
From 2024 I came on skilled worker visa but my tax was not paid by my employer.

My daughter has been living in the UK continuously since January 2022. I would like to understand:

How many more years does she need to stay in the UK before she becomes eligible for ILR?

Can a child apply for ILR earlier than the main visa holder in any circumstances?

Is there any way to shorten the ILR route for dependants who arrived at a very young age?

Any guidance or experiences shared would be really helpful.
Thank you!

secret.simon
Moderator
Posts: 11464
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR Eligibility for Child Born Outside UK – Came in Jan 2022

Post by secret.simon » Sat Jul 05, 2025 3:19 pm

Children born outside the UK follow the same immigration pathway as the second/less-privileged parent and qualify for ILR with the second parent.

Except under the 10 year Long Residence pathway to ILR, dependents can't qualify for ILR before the main applicant.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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zimba
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Posts: 23022
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Switching Skilled Worker Sponsor – ILR Eligibility and New Rules

Post by zimba » Sat Jul 05, 2025 7:31 pm

RahulJaiswal91 wrote:
Sat Jul 05, 2025 9:29 am
Hello,

I was sponsored under a Skilled Worker visa in the care sector starting February 2025, valid until 2027. However, my payroll has never run and no taxes have been paid. I now want to switch my sponsorship to another field, possibly IT.

I have a few questions:

Will the time already spent on my care visa count towards the 5-year ILR requirement if I switch sponsors?

If I get a new sponsor after 22 July 2025, will the new ILR rules apply to me (10-year route)?

Does the non-payment of salary or tax affect my ILR eligibility?

I'd really appreciate any guidance or experiences from others who have been through this.

Thanks in advance!
What new rules you are talking about ? Be specific. ILR qualifying period has nothing to do with working per se
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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