ILR Child

[kumarnat]

Hi team, could you please help me with a confusion please?

For a child to apply ILR, both parents should have got ILR (or applying for ILR along with child) or child is eligible as soon as one of the parent is applying for ILR or already got ILR? Child is born in India and currently on dependent (not completed 5 years as dependent yet).

E.g Consider, Father is on Skilled Worker Visa and eligible for ILR. But Mother is on skilled worker dependent but not completed 5 years, so she will be extending the dependent visa for another 2 years. Mean while, can a child apply for ILR along with Father? Child is on dependent Visa for past 3 years.

[CR001]

No, the child cannot apply with father

Child will only qualify for ilr when the mother does. The rules do not permit the child to apply when only one parent qualifies for ilr and the other does not.

You need to extend the child's visa with the mother's visa. It will be a 3 year extension.

Can you explain how you qualify for ilr based on 5 years residence on a skilled worker visa if you only switched to skilled worker in November 2021??

[kumarnat]

Thank you so much for the reply. So when the father switches to ILR, Mother and child extends the Skilled Worker Dependent Visa (though father switches to ILR). If the visa type changes for Mother and Child then then the 5 year clock will reset to zero. Please correct me if I'm wrong.

[CR001]

How exactly do you qualify for ilr based on 5 years residence on skilled worker visa if you only got your visa in November 2021?

[kumarnat]

Thanks for the response. Sorry for the confusion. On 5 years route, I will be eligible for ILR only on Nov 2026. Wife and Child will be switching to my dependent visa from Sep 2022. So, they both will be eligible for ILR only on Sep 2027. I have some confusions on 10 years route and I have posted another query. Leaving that aside, considering 5 years route, following can be done:

• • Father to apply for ILR in Nov 2026
  • Wife and Child to continue as Skilled worker dependent from Sep 2022 till Nov 2026. When father switches to ILR, wife and child to extend the Skilled worker dependent for another 3 years. If they change to any other category, clock will be reset.
  • Wife and Child to apply for ILR in Sep 2027 when they are eligible (5 years as dependent).

[CR001]

Father to apply for ILR in Nov 2026
Wife and Child to continue as Skilled worker dependent from Sep 2022 till Nov 2026. When father switches to ILR, wife and child to extend the Skilled worker dependent for another 3 years. If they change to any other category, clock will be reset.
Wife and Child to apply for ILR in Sep 2027 when they are eligible (5 years as dependent).

Correct.

Note if you apply for ilr based on 10 years long residence they cannot extend their PBS Dependent visas

[secret.simon]

Note if you apply for ilr based on 10 years long residence they cannot extend their PBS Dependent visas

To expand further on CR001's point, if you apply for ILR based on 10 year residence, your wife and child will need to apply for spousal/dependent visas.

Their five year clock will restart from zero from the date they are granted those new visas. So it would be in their interest for them to apply for those visas as soon as you are granted Long Residence ILR, if that is the route that you choose to go on.

So, essentially you get ILR faster and their ILR will be pushed further into the future, if you go down the 10 year Long residence ILR route.

[kumarnat]

Thank you both. So to summarise, if I apply for ILR through 5 years Route from Skilled Worker in Nov 2026, wife and child to extend Skilled Worker Dependent (another 3 years) in Nov 2026 (though I’m im applying for ILR) and they can apply for ILR in Sep 2027 (after completing 5 years).

If I apply ILR in 10 years root in Mar 2025, wife and child can’t extend the skilled worker dependent, but switch to Partner visa which will reset the 5 years clock.

So it is better to go through 5 years route for ILR so that all will obtain ILR by Nov 2027.

Thanks for the insight.

[Ticktack]

Thank you both. So to summarise, if I apply for ILR through 5 years Route from Skilled Worker in Nov 2026, wife and child to extend Skilled Worker Dependent (another 3 years) in Nov 2026 (though I’m im applying for ILR) and they can apply for ILR in Sep 2027 (after completing 5 years).

If I apply ILR in 10 years root in Mar 2025, wife and child can’t extend the skilled worker dependent, but switch to Partner visa which will reset the 5 years clock.

So it is better to go through 5 years route for ILR so that all will obtain ILR by Nov 2027.

Thanks for the insight.

Spot on mate!