Suggestion for Son ILR eligibility

[akhilk2026]

Hello Experts,

My Question - When will I be eligible to apply for an ILR application as per the current rules?

VISA confirmation letter received on 25/03/2021 - Vignette - 25-March-2021 to 23-June-2021

Didn't able to travel due to COVID travel restrictions, new vignette transfer applied - Letter received - 18/07/2021

Date of Entry to UK - 19/09/2021

Total days spent outside UK from March 2021 to March 2022 in a consecutive 12-month period - 177 Days - Due to COVID travel regulations (From 25 March 2021 to 18 September 2021)

COS Work dates - Start Date 01 March 2021 and End Date 01 March 2026
Job is on the current shortage occupation list

[zimba]

See: https://www.immigrationboards.com/viewt ... 4#p2195107

[akhilk2026]

See: https://www.immigrationboards.com/viewt ... 4#p2195107

Thank you, I read "Continuous residence guidance Version 7.0" got reference from GOV.UK and also consulted with an immigration advisor but he is suggesting to apply 28 days priort to Date of arrival.

Issue - my existing visa is valid till March 2026, so i have to apply for extension and then for ILR - Double expense.

If I go with the document - Continuous residence guidance - then the date of entry clearance can be considered but in my case i got 2 Vigennetes / entry clearance letters.

[zimba]

The advisor is talking nonsense. Those people do not know what they are talking about at all. This is a common point of confusion.

The vignette was simply issued so that you can enter the UK as the BRPs were only printed inside the UK. So while they issued you a visa, there was no way for you to enter the UK and collect your BRP. The embassy had to put a new entry sticker in your passport so that you can board the plane to the UK. Note that a visa vignette cannot be backdated and its issue date is always the day it was printed. This does not mean your initial visa issue date was actually moving, your visa was in fact first issued as per date on your first visa/letter/BRP.

This is why you use the first visa approval date to calculate your qualifying period for ILR.

See the same advice and ILR success here: https://www.immigrationboards.com/viewt ... 2#p2191269

[akhilk2026]

The advisor is talking nonsense. Those people do not know what they are talking about at all. This is a common point of confusion.

The vignette was simply issued so that you can enter the UK as the BRPs were only printed inside the UK. So while they issued you a visa, there was no way for you to enter the UK and collect your BRP. The embassy had to put a new entry sticker in your passport so that you can board the plane to the UK. Note that a visa vignette cannot be backdated and its issue date is always the day it was printed. This does not mean your initial visa issue date was actually moving, your visa was in fact first issued as per date on your first visa/letter/BRP.

This is why you use the first visa approval date to calculate your qualifying period for ILR.

See the same advice and ILR success here: https://www.immigrationboards.com/viewt ... 2#p2191269

Hi Zimba, Many thanks for your reply and sharing the post to read advice and ILR success. It was very helpful.

Coincidentally, the case mentioned by another user, Makeh05, is exactly the same as mine - except for the year. Even the dates are same. Its seems like brother from another mother

Is there any way i can connect with the person directly through DM or email or something ? This would be really helpful.

Its says "You are not authorised to view the member list or profiles"

[zimba]

New members are not allowed to send DMs to other members. Please just follow the advice and you will be fine

[akhilk2026]

I am posting this again as my previous post of July 2025 has been locked -

VISA confirmation letter dated 08 March 2021 with permission 25-March-2021 to 15 March 2026 (Got letter scanned available to proove)

Couldn't travel due to COVID restrictions - NO BRP Collected

New vignette applied - Letter received - Dated 29 June 2021 with permission 18 July 2021 to 15 March 2021 (End date same)

Date of Entry to UK - 19/09/2021 - After 177 Days from start date.
All other years have less than 10 days of absence.

BRP Collected - Date on BRP is 05/07/2021

CHECKED UKVI Account showing VISA Status today = valid from 18 July 2021 and Valid until 15 March 2026

COS Work dates - Start Date 01 March 2021 and End Date 01 March 2026 - Same employer

I believe i can apply for ILR from 25 March 2021 + 5 years - 28 days = 25 February 2026.

Can you please advise? Will this UKVI status affect anything as it shows a valid date from 18 July 2021?

[zimba]

So, what part of the advice given before is that you have trouble with ? The advice has not changed since you asked this before

[akhilk2026]

Hi Zimba,

Everything remains the same.

I checked my UKVI Account today that shows VISA Status = valid from 18 July 2021 and Valid until 15 March 2026

I believe it should have been 25-March-2021 to 15 March 2026 which is the first date in the letter / visa received.

Will this affect the eligibility criteria ?

I believe i can apply for ILR from 25 March 2021 + 5 years - 28 days = 25 February 2026.

[zimba]

Again, nothing changes. Your eligibility is as you were told above. UKVI account seems to shows the date of first BRP it, NOT the very first visa issued

[akhilk2026]

Again, nothing changes. Your eligibility is as you were told above. UKVI account seems to shows the date of first BRP it, NOT the very first visa issued

Thanks, Zimba.

But the UKVI account showing the VISA valid from the 2nd date (18 July 2021), not the 1st date (25 March 2021) when the first visa was awarded.

I am not sure if I should reach out to them to get this corrected or if it is not needed.

[zimba]

Ignore the UKVI account. This has now been repeated several times. The qualifying period is not calculated based on that date

[akhilk2026]

Ignore the UKVI account. This has now been repeated several times. The qualifying period is not calculated based on that date

Thanks, Zimba. Much appreciated.

[akhilk2026]

CORRECTED

Here’re the dates and scenario –

1.
Father – Visa start from March 2021 for 5-year skilled worker route – Eligible for ILR in Feb 2026
Mother- Applied Dependent visa – Got 1st visa in August 2021 valid till March 2026
Son 1 – Born outside UK – Got 1st visa in August 2021 to March 2026
Mother and Son 1 – Entered UK in February 2022 – After 168 days with new Visa - January 2022 to June 2026

2.
Mother – Got job + Sponsorship in September 2022 – Switch from Dependent to Skilled worker route – Clock started again. Visa awarded – November 2022 to September 2025
Son1 – Same visa contiuned – January 2022 to June 2026

3.
Mother – Got visa extended for 1 year – Till September 2026 – NO Confusion
Son1 (Born outsider UK) - Evisa shows – January 2022 to June 2026
Son2 – Born in UK – October 2024 – got visa valid for which either parents got less validity
• First got till September 2025 as per mother
• Current visa valid till March 2026 as per father

Question –

If Father got ILR in February 2026 (he will apply around 25 February) and in the case where sons are the responsibility of both father and mother, then-

• Can Son 1 (born outside UK) be eligible for ILR in March 2026, or does he have to complete 5 years till August 2026 (from August 2021)? If this is the case, then we have to reapply for him as it’s ending in June 2026
• Son 2 – Born in the UK – Can we apply his ILR along with Son 1 or he has to wait till mother become eligible for ILR.

[zimba]

Children do NOT have any residence requirement for ILR at all. They only settle when BOTH parents settle. Being born in the UK has no advantage whatsoever. The only exception is that a UK born child does not need ILR and can be registered directly as British when one parent gets ILR.

[akhilk2026]

Thank you, Zimba. Highly appreciated.

For Child inside UK - i managed to get the GOV.UK guidelines and i will plan accordingly.

For Child outside the UK (Minor - less than 10 age) - I read and found it's possible under Section 3(1). Just wanted to check if you have ever come across any such cases or can share some links/ cases to read for some guidance.

I will do more research as well. Thanks,

[zimba]

A child born outside the UK can be registered as British via discretion but such a child is expected to have ILR, a parent must be British and the other parent must be at least settled in the UK.

Please ask any citizenship related questions under the relevant sub forum

[akhilk2026]

Hello Zimba,

Just wanted to update you, I received my ILR a few days ago.

Applied for 5-day priority service and received the confirmation next morning and status update to settled.

Many thanks for all of your suggestions.

For my son born outside the UK (minor but in UK for more than 4 years), I will read more and process accordingly.

Thank you again.

[zimba]

Congratulations

[akhilk2026]

Hi, Could i request a suggestion in this case -

This is for my dependent son. Here are the details –

Son - Born outside UK
Visa granted - 24 August 2021
Entry to UK – 07 February 2022
Current visa valid till – 15 June 2026
Father – Status – ILR – Settled (Main sponsor initially)
Mother – On skilled work visa now – eligible for ILR in August 2027 (Switched to Skilled worker visa in 2022)

Son - Dependent on both parents.
Please suggest if we need to apply a new visa extension for my son or any other way to apply his ILR ?
Can we use Section 3(1)? - Dates to be checked visa valid till 15 June 2026.

For 2nd Son - Born in the UK - Application submitted After father's ILR using MN1 Form. Result awaited.

Thank you,

[zimba]

The non-UK born child will become eligible for ILR at the same time as your spouse. Children do NOT have a residence requirement for ILR and settle when BOTH parents settle. So mother and son will apply for ILR in one application when your spouse becomes eligible for ILR.

A child born outside the UK can be registered as British via discretion but such a child is expected to have ILR, a parent must be British and the other parent must be at least settled in the UK.

Please ask any citizenship related questions under the relevant sub forum

[akhilk2026]

The non-UK born child will become eligible for ILR at the same time as your spouse. Children do NOT have a residence requirement for ILR and settle when BOTH parents settle. So mother and son will apply for ILR in one application when your spouse becomes eligible for ILR.

A child born outside the UK can be registered as British via discretion but such a child is expected to have ILR, a parent must be British and the other parent must be at least settled in the UK.

Please ask any citizenship related questions under the relevant sub forum

Many thanks again.

Need one more suggestion here -
Rather than applying for a visa extension for my son (born outside the UK - Visa due to expire on 15 June 2026) and ILR in August 2027 along with his mum, should I apply for "Application to remain in the UK on the basis of family life or private life" ? https://visas-immigration.service.gov.u ... ily-routes

I will plan to submit another application under MN1 "under the Secretary of State’s discretionary powers in Section 3(1) of the British Nationality Act 1981" and give reference to visa application already submitted for extension / family route.

[zimba]

The child will remain under the same visa route as the mother.

Without a settled mother, there is no path to registration for the child. DO NOT apply for a MN1 application as the child still does not qualify and such an application will very likely be refused. This has now been repeated several times

[akhilk2026]

The child will remain under the same visa route as the mother.

Without a settled mother, there is no path to registration for the child. DO NOT apply for a MN1 application as the child still does not qualify and such an application will very likely be refused. This has now been repeated several times

Thank you, so in this case, the mother will fill out the dependent visa application for the child with her details.

[secret.simon]

I will plan to submit another application under MN1 "under the Secretary of State’s discretionary powers in Section 3(1) of the British Nationality Act 1981" and give reference to visa application already submitted for extension / family route.

Discretion does not mean lack of rules. Discretion means such rules as the Secretary of State thinks fit, without parliament supervision or checks.

Currently, Home Office guidance states that a child born abroad is expected to have ILR in line with the second parent and both the second parent and child should have ILR, and one of the parents should already be a British citizen or is applying to become a British citizen at the time.

There has been at least one case reported on these forums where both parents had become British citizens and yet the children were refused registration at discretion because the children did not have ILR (only having dependent visas).

In short, there is no way around getting ILR before registration at discretion, for non-British children born outside the UK.