Clarification on my child’s ILR eligibility

[Harsha14]

Hello everyone,

I’d appreciate your advice regarding my son’s ILR eligibility.

My wife was on a Skilled Worker visa since October 2020 and obtained ILR in February 2025.

My son has been her dependant since October 2020; his dependant visa is valid until 26 April 2026.

I was previously on an ICT visa and switched to a Skilled Worker visa in March 2022. I will be eligible to apply for ILR in March 2027.

My question is:
Can my son apply for ILR now based on his mother’s ILR status, even though I am still on a Skilled Worker visa and not yet settled? And my son was born outside of UK.

I understand the general rule that both parents should have ILR (or one parent is applying at the same time) for a child to qualify, but I’d like to confirm whether there’s any flexibility or exception in this situation, or if we should simply keep him as a dependant until I obtain ILR.

Any insights or experiences from similar cases would be greatly appreciated.

Thank you in advance for your time and guidance.
Vishal.

[CR001]

Can my son apply for ILR now based on his mother’s ILR status, even though I am still on a Skilled Worker visa and not yet settled? And my son was born outside of UK.

No, your child cannot apply for ILR until you do.

I understand the general rule that both parents should have ILR (or one parent is applying at the same time) for a child to qualify, but I’d like to confirm whether there’s any flexibility or exception in this situation,

There is NO flexibility, this is clearly stated in the immigration rules. A child of a skilled worker dependent can only apply for ILR when both parents are or one has ILR and the other is apply or once both parents have ILR. There is no shortcut.

or if we should simply keep him as a dependant until I obtain ILR.

This is the only option you have.