ILR for children under 18

[protestant]

Hi, my children are born in the UK when my wife and I are both on Tier 2 visa. Now I have ILR, my wife still has Tier 2 visa. Can my children apply for ILR instead of nationality ?
thanks

[makky86]

Hi, my children are born in the UK when my wife and I are both on Tier 2 visa. Now I have ILR, my wife still has Tier 2 visa. Can my children apply for ILR instead of nationality ?
thanks

You prefer ILR over UK citizenship?

[protestant]

yes, I prefer ILR over UK citizenship. I might go back to my home country in future so would like my children to keep my citizenship

[Obie]

Yes the children can qualify , try and give it a good thought.

Does your home country not permit dual citizenship?

I know UK is changing beyond recognition for some people, and many dont believe they have a future in it, however it may help if you keep that option for your children if possible, provided of course your home state recognises and accept dual citizenship.

[protestant]

unfortunately my country doesn't accept dual citizenship.
I have heard that children can only apply for ILR when both parents have ILR, is this correct ?

[Obie]

No it is not correct for children born in the united Kingdom.

[protestant]

Hi , do you have any reference for what you said ?

I found the following in the immigration rule, it looks like it requires both parents to have ILR...

https://www.gov.uk/guidance/immigration ... ly-members

(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

[Obie]

Those provisions dont apply to children born in the UK. They are treated differently under the immigration rules.

[vinny]

Unfortunately, we have seen that some caseworkers ignore this.