ILR for Child born out of UK

[AvinashProdduturi]

Hi Team,

I would appreciate if someone can clarify this for me.

I had got a Skilled Worker Visa on Sep 2021 with Employer "A" for doing an Analyst job. Later on Aug 2023, I have switched my job, this time Skilled Worker Visa with Employer "B" for doing a Lead Developer job. [Currently working with employer B]

Question 1) Will i be eligible for ILR via the 5 yr Skilled worker route after Sep 2026?

Question 2) All these years, my wife was on my dependent visa [Skilled Worker Dependent]. Will she also be eligible for ILR after Sep 2026?

Thank you.

Regards,
Avi

[zimba]

Yes, you both can get ILR in 2026 assuming you meet all the requirements

[AvinashProdduturi]

Thank you Zimba.

Further adding to the clarification,

1) My sponsorship with employer A falls into Shortage Occupation, but my sponsorship with Employer B does not fall into shortage occupation. Should this have any impact?

I have got a kid who is 2 Years old [born in UK].
Will the kid be eligible to get an ILR as well When we apply?

Thanks,
Avi

[CR001]

1. No.

2. A uk born child doesn't need ilr. They have an entitlement to register as british once either parent gets ilr. This entitlement to register is only available while they are under 18 years of age.

[zimba]

Note that there is no such thing as shortage occupation list anymore.

Make sure to read: All you need to know about ILR salary requirements under the Skilled Worker route

[AvinashProdduturi]

Thank You guys for the clarifications.

[AvinashProdduturi]

Hi Team,

Firstly this site has been a massive help for me since 2017 answering all my queries. I really appreciate all the moderators in this forum.

I have got couple of questions

1) I along with my dependent came to UK in May 2016 in ICT Short Term Visa Category. Since then i have been staying in the country with Long Term VISA and then Skilled Worker Visa. However my partner had to leave UK for additional support during her pregnancy in 2018. She left in Dec 2017 and came back in Dec 2018. Will she be eligible for ILR on Long term route even though her stay out of UK is >365days but had a valid reason.

2) Since September 2021 - Me, My partner and my child are on Skilled Worker Visa. While i switched companies, I have got my current skilled worker visa till Sep 2028 for all of my family. I am eligible for Long TERM ILR based on point 1 from May 2026 - Can i apply for ILR in May 2026 and my dependents continue to stay on Skilled worker dependents?

3) If i get my ILR in May on 10year route, Can my dependents apply for ILR in September 2026 [skilled worker dependents eligibility date]? Or should they wait to be eligible on 10 year route?

4) Me and My wife have NARIC Certificates proving the medium of instruction during graduation is English. Will this be sufficient?

NOTE: please answer all my questions considering the ILR requirements as of today. If things change, i understand it is a different scenario.

Thanks,
Avi

[zimba]

1. Very unlikely as discretion is rarely exercised under the long residence route

Also see: Lawful and continuous residence changes to Long Residence route from 11 April 2024

2. Yes, you can get ILR on your own. They can stay under their visas as normal

Read: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

3. They can apply using form SET(O) and settle under skilled worker rules. It is worth noting that there was never a separate dependant visa route for dependants under each part of the PBS system at all. This is a common misunderstanding. Under the old PBS system, there was just one PBS dependant route, so all dependants under the PBS system were issued visa under the same exact route. Under the current skilled worker rules for ILR, time spent under ANY dependant partner route counts towards ILR. So if your spouse has been your dependant for at least 5 years, they immediately can qualify for ILR

4. Old evidence from NARIC can be used if Home Office have previously accepted a degree qualification as meeting the requirements for an earlier application, and leave was granted:

Evidence from NARIC
An applicant must provide an AQUALS or a statement of comparability from Ecctis (formerly UK NARIC) confirming the qualification is equivalent to a UK qualification.

Where the qualification was obtained in a non-majority English-speaking country, an ELPS or an English language assessment (ELA) is also required. However, you do not need to see additional confirmation from Ecctis (formerly UK NARIC) where the:

•Home Office have previously accepted a degree qualification as meeting the requirements for an earlier application, and leave was granted
•degree was awarded by a UK university

If the qualification has not previously been used for an immigration application, or the previous application was refused, the applicant must obtain confirmation from Ecctis (formerly UK NARIC) that it meets the relevant criteria.

https://www.gov.uk/government/publicati ... efromnaric

[AvinashProdduturi]

Thanks Zimba.

Just a clarification on point 3.

So, I am eligible for ILR in May 2026. My wife has been my dependent in last 5 years on 2 different Visas
1) Tier 2 ICT staff Partner till September 2021
2) Skilled Worker Visa - Dependent since then

Will she be eligible for ILR by May 2026 along with me? Or September 2026?

Thanks,
Avi

[AvinashProdduturi]

Thanks Zimba.

Just a clarification on point 3.

So, I am eligible for ILR in May 2026 on 10 yr basis. My wife has been my dependent in last 5 years on 2 different Visas
1) Tier 2 ICT staff Partner till September 2021
2) Skilled Worker Visa - Dependent since then

Will she be eligible for ILR by May 2026 along with me? Or September 2026?

Thanks,
Avi

Any response on this?
If my question is vague, let me know - I can draft in detail.

[AvinashProdduturi]

Hi Team,

My daughter has entered UK as my dependent (Tier 2 ICT) on Dec 10th 2018, When she was 9 months old. She moved to PBS Skilled Worker Dependent visa on September 2021 and is on this visa since then.

I am eligible to get my ILR in May 2026.

When will my daughter be eligible for ILR? Can she get it along with me or should she wait till she completes 5 years on PBS Skilled worker dependant?

Also Can she directly get British Nationality without ILR?

Thanks,
Avi

[alterhase58]

Also Can she directly get British Nationality without ILR?

A child born outside the UK must hold ILR in order to be "registered British at the discretion of the Home Secretary" (form MN1).
Only children born in the UK would not require ILR, or a visa.

[CR001]

Your daughter will qualify to apply for ilr when your spouse does. Your daughter cannot apply with you if your spouse is not applying at the same time.

[AvinashProdduturi]

Thank you for clarification.

My wife is also in similar situation. She landed in UK Dec 10th 2018 on Tier 2 ICT Long Term Dependent.

She switched to PBS Skilled Worker Dependant in September 10th 2021.

I will be eligible for my ILR in May 2026 in 10yr route.

When will my partner be eligible? Will she be eligible in May 2026 along with me as she was always my dependent in UK? However she would not have completed 5yrs on PBS visa by May 2026 - She would have completed it in September 2026.

[zimba]

Thank you for clarification.

My wife is also in similar situation. She landed in UK Dec 10th 2018 on Tier 2 ICT Long Term Dependent.

She switched to PBS Skilled Worker Dependant in September 10th 2021.

I will be eligible for my ILR in May 2026 in 10yr route.

When will my partner be eligible? Will she be eligible in May 2026 along with me as she was always my dependent in UK? However she would not have completed 5yrs on PBS visa by May 2026 - She would have completed it in September 2026.

All the dependant visa routes are all treated the same. If she has been your dependant (under ANY visa) for more than 5 years, then she qualifies with you. The skilled worker rules do NOT care about the route of the dependant spouse at all.