ILR for skilled worker dependent child

[Annarehman93]

I am looking for urgent clarity on the correct path for my 5-year-old son following a recent Form MN1 refusal. Our details are as follows:

2018: Lead applicant arrived on a Skilled Worker visa (spouse as dependant).

2020: Son was born outside the UK.

December 2021: Son entered the UK on a Skilled Worker Dependant visa.

Recent: Both parents successfully obtained ILR and have since naturalised as British Citizens.

December 2025: We applied for British Citizenship for our son via Form MN1 (with a fee waiver).Result: The application was refused. The caseworker stated he does not hold settled status (ILR) and has not completed 5 years of lawful residence in the UK (he has been here 4.5 years).

Current Visa: His Skilled Worker Dependant visa expires in September 2026.

My Questions for the Board:Since both parents are now British, can our son apply for immediate ILR using Form SET(O) right now, or must he wait until December 2026 to complete 5 years of residence? My understanding of Appendix Skilled Worker is that the 5-year qualifying period applies to partners, not dependent children under 18. Is this correct?

[CR001]

You should have added your son to your and to spouses ILR applications.

Children do not have a residence minimum requirement. They qualify for ILR when the parents do.

Children born abroad need ILR before they can apply for citizenship.

Apply on form SET F for ILR for the child now.

[Annarehman93]

Thank you, CR001. If we switch him to Form SET(F), wouldn't that move him from the work route to the family route and risk resetting his continuous residence clock?
Can we still use Form SET(O) as a Skilled Worker Dependant since that is his current visa route, even though the parents have already naturalised. I believe set (O) would be the correct form to use kindly advise

[CR001]

Set F has NOTHING to do with the visa route.

It is the ILR form for children when BOTH parents are settled. It is an ILR form, not a visa form.

[Annarehman93]

Thank you so much for your detailed reply, I greatly appreciate it.

Could I please ask if it is absolutely necessary to use SET(F), or is it possible for us to apply using Form SET(O) instead as a Skilled Worker Dependant?

My main concern is that Form SET(F) introduces the strict family-route "Adequate Maintenance" calculations and extra housing assessments. Because our son has been lawfully resident in the UK since December 2021 on skilled worker dependent visa, we were hoping to utilize Form SET(O).

[zimba]

Thank you so much for your detailed reply, I greatly appreciate it.

Could I please ask if it is absolutely necessary to use SET(F), or is it possible for us to apply using Form SET(O) instead as a Skilled Worker Dependant?

My main concern is that Form SET(F) introduces the strict family-route "Adequate Maintenance" calculations and extra housing assessments. Because our son has been lawfully resident in the UK since December 2021 on skilled worker dependent visa, we were hoping to utilize Form SET(O).

You can use form SET(O) too. There is no difference whatsoever.