What visa to apply for my son when I apply for ILR?

Hello All,

At the point of applying for my ILR, my dependant son will have about 7 months to his 5 year mark. Please kindly advice me on next visa for him at that point.
I was considering tier 2 dependant extension but considering I'd no longer be on tier 2, will this be a valid visa route for him.
For context, he was born in the UK but has lived abroad so broken the "continuous living" clause. Thanks

Chinny wrote: ↑

Wed Nov 09, 2022 4:21 pm

Hello All,

At the point of applying for my ILR, my dependant son will have about 7 months to his 5 year mark. Please kindly advice me on next visa for him at that point.
I was considering tier 2 dependant extension but considering I'd no longer be on tier 2, will this be a valid visa route for him.
For context, he was born in the UK but has lived abroad so broken the "continuous living" clause. Thanks

Children do NOT have a 5 year requirement for ILR. They settle when both parents settle. Non-UK-born children (if they cannot settle), will continue to follow the immigration path of the less privileged parent. UK-born children do not need ILR and can be registered as British once one parent is settled.

Thanks for your prompt reply.

For clarification, does this imply I can apply for ILR for him at the same time as myself?
Or Do I wait for my ILR to come out before applying for his ILR (by this time his BRP would have expired already and he'll be overstaying)?

If the child was born in the UK, you can skip ilr and apply for citizenship once your ilr is granted.

I am currently on tier 2 SWV and due for ILR in September 2025.
By then my son will be 4 years with me as he joined in 2016 even though he was born in uk but left in 2016 and returned in 2021.
I’d appreciate advice on the way to go for him. I am aware that when I get my ILR, I can apply for naturalisation for him since he was born here.
His current visa expires same day as me so I don’t want to complicate his situation.

A uk born child doesn't need a valid visa to apply for citizenship.

But he has not lived all his life in the UK, he was away for a while and returned. He currently has a visa so may risk overstaying at the expiry in September. Is there a visa category I can hinge him on for the time being till I get mine back? Something like visa extension on his current t2visa dependent.

It doesn't matter if he was away for a long time or doesn't have a visa. He has an entitlement to register as British if born in the uk.

Any visa extension you would apply for when you apply fornilr and is a 3 year extension.

Where is the other parent and what is their immigration status?

My husband (his dad) is also applying with me for ILR at the same time. We both started T2SWV/dependent same date so due for ILR together. Our concern is our son’s status at the time we apply.

He becomes an overstayer but this has no effect on his entitlement to be registered as British