Legal Advice – Child ILR Eligibility and Application Options

[Sharv14]

Dear All,

I hope you are well.

I am writing to seek professional immigration advice regarding my son eligibility for Indefinite Leave to Remain (ILR) in the UK and to understand the best course of action before his current dependent visa expires.

Please find the relevant details below:

- My son first arrived in the UK from India in February 2019.
- As of February 2026, he has completed 7 continuous years of residence in the UK.
- He is currently in the UK on a dependent visa, which is due to expire in April 2026.
- His mother has already been granted Indefinite Leave to Remain (ILR) in the UK.
- I (his father) have been living in the UK for the past 8 years and will be eligible to apply for ILR in May 2027.
- My son lives with us and remains fully dependent on us.
- He start his education from nursery to now year 5.

Given the upcoming visa expiry, we understand that we may have the following two options:

1. Apply to extend his dependent visa, or
2. Apply for ILR now, considering his 7 years of residence in the UK and his mother’s settled status.

We would appreciate your expert advice on the following:

- Whether my son is eligible to apply for ILR at this stage as a dependent child of a parent holding ILR.
- Whether applying directly for ILR would be more appropriate than extending his dependent visa.
- Any risks, requirements, or recommended approach in his case.
- Your professional fees and availability to assist with the application process.

Please let us know if you require any additional information or documents to assess his eligibility.

I look forward to your guidance.

Kind regards,
Vishal

[secret.simon]

I am writing to seek professional immigration advice

Keep in mind that we are volunteer non-lawyers who have been through the immigration system and are replying based on personal experience or government guidance. We are not professionals.

If you want professional immigration advice, consult an immigration solicitor, who are regulated by various authorities.

There is a specific provision (Immigration Rule PL11.3) for "a child who has, or last had, permission as a dependent child (under Appendix FM or leave outside the Immigration Rules), before 20 June 2022 and would have met the continuous residence requirements in paragraph PL 3.1(a) at the time that permission or leave was granted;".

But note the language. That specifically applies to children who were dependents under Appendix FM, so PBS dependents won't benefit and certain residence conditions need to have been met at the time the last leave was granted.

What type of dependent visa is the child on (PBS dependent, dependent of a person on ILR, etc) and when was the last such visa granted.

[Sharv14]

Hi

Thanks for reaching out. PBS dependant is previous Visa type.

[secret.simon]

PBS dependant is previous Visa type.

In that case, the child is eligible to apply for ILR with the second parent and needs to extend their visa till that time.

Their extension will be the same as (if the second parent is also a PBS dependent) or dependent on the second parent (if the second parent is also a Skilled Worker, for instance).

[Sharv14]

Thank you Simon for your reply. Can he apply independently considering 7 years continuously in UK ?

[CR001]

Thank you Simon for your reply. Can he apply independently considering 7 years continuously in UK ?

No he cannot. He doesn't hold a qualifying visa that allows him to apply on the 7 year child route.