ILR for children born in UK with only one parent is ILR

[Yang126]

Good afternoon,

After holding the Tier 2 visa for 5 years, I am going to apply for the ILR in September 2024.
Currently, my husband, and two children are dependent on my visa. My kids were born in UK. we just found that my children could not apply for ILR since my husband has spent more than 180 days outside of UK every year.
I don’t want them to register British. Any suggestions what should we do to next in order to get them be eligible for ILR in the future as soon as possible? If my husband can not qualify for ILR. Is there any way to get my children be eligible for ILR?
My husband is away from UK more than 180 days (in the past and in the foreseeable future) because he is away for business very often.

Thank you for your help in advance.
Yang

[zimba]

The children normally can only settle when both parents are settled, so they will settle when your husband settles.
They may get ILR via the private life route after 7 years of living in the UK: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085442

[Yang126]

Thank you for your reply. I checked the government website, it seems that after I get ILR, my husband and my kids can continue renew their tier 2 dependent visa or change to Spouse visa, is that true? If my husband changes to spouse visa, can he apply for ILR after 5 years? He’s away from uk more than 180 days. Thank you.

The children normally can only settle when both parents are settled, so they will settle when your husband settles.
They may get ILR via the private life route after 7 years of living in the UK: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085442

[CR001]

change to Spouse visa, is that true?

Yes.

If my husband changes to spouse visa, can he apply for ILR after 5 years?

Yes, after 5 years on a spouse visa.

He’s away from uk more than 180 days.

There is no absence limit for spouse visa holders.

[Yang126]

Thank you for the reply. Another question for my daughter.
She was born in UK in 2017 Dec
She held Tier 5 dependent from born to 2019 July
She held Tier 2 dependent from 2019 September to now. She will be 7 year old this December.
Is it possible for her to apply a 10 year long residency or via the private life route after 7 years of living in the UK? If the answer is yes, how to calculate the 10 or 7 years? From 2017 December or from 2019 September? Thank you

[CR001]

The children normally can only settle when both parents are settled, so they will settle when your husband settles.
They may get ILR via the private life route after 7 years of living in the UK: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085442

Please click on the link that has already been provided for information.

[Yang126]

Thank you for the reply. My friend told me even though there’s no absence limit for spouse visa, but if you are not in UK more than 180 days in any roll year, it’s very likely to be refused when you apply for the ILR. Is it true? Thank you

change to Spouse visa, is that true?

Yes.

If my husband changes to spouse visa, can he apply for ILR after 5 years?

Yes, after 5 years on a spouse visa.

He’s away from uk more than 180 days.

There is no absence limit for spouse visa holders.

[CR001]

Thank you for the reply. My friend told me even though there’s no absence limit for spouse visa, but if you are not in UK more than 180 days in any roll year, it’s very likely to be refused when you apply for the ILR. Is it true? Thank you

Your friend is talking nonsense. There is NO 180 days absence limit on a spouse visa.

[Yang126]

Thank you. Then that means my kids and my husband can apply for spouse visa and then apply for ILR in the future.

Thank you for the reply. My friend told me even though there’s no absence limit for spouse visa, but if you are not in UK more than 180 days in any roll year, it’s very likely to be refused when you apply for the ILR. Is it true? Thank you

Your friend is talking nonsense. There is NO 180 days absence limit on a spouse visa.

[AmazonianX]

Thank you. Then that means my kids and my husband can apply for spouse visa and then apply for ILR in the future.

Thank you for the reply. My friend told me even though there’s no absence limit for spouse visa, but if you are not in UK more than 180 days in any roll year, it’s very likely to be refused when you apply for the ILR. Is it true? Thank you

Your friend is talking nonsense. There is NO 180 days absence limit on a spouse visa.

Yes

[vinny]

Fortunately, UK-born children are also entitled to register directly for British citizenship immediately after a parent has ILR. They themselves may skip ILR when registering for British citizenship.

[Yang126]

The children normally can only settle when both parents are settled, so they will settle when your husband settles.
They may get ILR via the private life route after 7 years of living in the UK: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085442

Please click on the link that has already been provided for information.

Thank you. I had a read through. According to this information, it is not easy for my daughter to get the ILR via the private life route after 7 years of living in the UK since I holding a working visa. But my understanding is that 10 year long residency may be a good way for my daughter to get the ILR? thank you

[Yang126]

Fortunately, UK-born children are also entitled to register directly for British citizenship immediately after a parent has ILR. They themselves may skip ILR when registering for British citizenship.

Thank you. I will try to let her get the ILR first. If she could not, we can try to get a British citizenship for her.

[Ticktack]

Fortunately, UK-born children are also entitled to register directly for British citizenship immediately after a parent has ILR. They themselves may skip ILR when registering for British citizenship.

OP doesn't want to register kids as British. I'm guessing it might have to do with losing Chinese citizenship.

[Yang126]

Fortunately, UK-born children are also entitled to register directly for British citizenship immediately after a parent has ILR. They themselves may skip ILR when registering for British citizenship.

OP doesn't want to register kids as British. I'm guessing it might have to do with losing Chinese citizenship.

Yes, I want my daughter to make the decision when she knows things better