ILR application for dependent (child)

[amarali8591]

Does the time spent as a dependent on a student visa count for the dependent on the 5 continuous years route for an ILR application?

I am under a Global Talent Visa and am due for my ILR application.

I came to the UK in December 2018 on a Tier-4 student visa along with my wif (Tier-4 dependent). I switched to Skilled worker visa in April 2022 and then to the Global Talent visa in October 2022. While I will be completing 3-years on the GTV and so will be due to apply for ILR, my question is about my wife.

Does my wife become eligible for ILR on the 5-years route, if the first 3 years and 9 months of her stay in the UK was as a Tier-4 student dependent and the remaining time since Oct-2022 as a Global Talent dependant?

[zimba]

Yes. The time spent under any dependant or even family route counts. The GTV rules do NOT care about the immigration route of the dependant as long as they have been your dependant for 5 years

[amarali8591]

Many thanks for your kind reply @zimba

[amarali8591]

I previously applied to register my child as a British citizen; however, the application was refused on 12/01/2026. At the time of submission, my child’s visa (as a dependant on my Global Talent visa) was still valid, and they were eligible for Indefinite Leave to Remain (ILR). Both my wife and I had already been granted ILR at that point.

Since the refusal was issued, my child’s visa has expired. As a result, my child is neither a British citizen nor currently holds valid immigration status in the UK.

I would like to enquire whether it is now possible to apply for ILR for my child and submit a covering letter explaining the circumstances to the Home Office, as I may have misunderstood the relevant legal requirements. This enquiry is made in light of the fact that both my wife and I hold ILR and that my child has been continuously resident in the UK since 7 December 2018.

[zimba]

If the child was NOT born in the UK, the child did not have any entitlement to be registered as British.
Children do not have a residence requirement, so the ILR using form SET(O) or SET(F) should succeed

[amarali8591]

Many thanks for your kind reply @zimba

[amarali8591]

If the child was NOT born in the UK, the child did not have any entitlement to be registered as British.
Children do not have a residence requirement, so the ILR using form SET(O) or SET(F) should succeed

Thank you again.
I intend to submit the ILR applications for them as soon as possible. Hopefully, the recent expiry of their visas will not negatively affect the applications, as they were lawfully present in the UK and applications registering them as British were submitted on their behalf before the visas expired. As far as I understand, there is a 14-day grace period during which applications can still be made. Thanks again

[zimba]

If the child was NOT born in the UK, the child did not have any entitlement to be registered as British.
Children do not have a residence requirement, so the ILR using form SET(O) or SET(F) should succeed

[amarali8591]

If the child was NOT born in the UK, the child did not have any entitlement to be registered as British.
Children do not have a residence requirement, so the ILR using form SET(O) or SET(F) should succeed

Do you mean that I cannot apply for ILR for my child under the Global Talent route, as they were previously a dependant on that visa and their visa expired on 13/10/2025 when I applied to them for citizenship, and that I instead need to apply under the SET(F) route? Thanks

[zimba]

Come on now. I told you both are possible I just pointed to you that the overstaying is NOT an issue

[amarali8591]

Come on now. I told you both are possible I just pointed to you that the overstaying is NOT an issue

Thanks mate.