Best option for UK born child when parents apply for ILR

[zakar007]

My wife is the main applicant on Skilled Worker/Health and Care and I am her dependant.
Our first visa issue date was 16 August 2021 and our current visa expiry is 28 July 2026. Based on this, we understand we can apply for ILR on 19 July 2026.

Our daughter was born in the UK in September 2022 and currently has dependant leave linked to us. My concern is the very short window for her case if we apply for ILR on 19 July 2026 and wait for the decision.
What is the best advice for our daughter in this situation? If one or both parents get ILR quickly, can she go straight to MN1? Or is it safer to submit a child ILR or dependant extension before her current leave expires?

If the parents’ ILR decision is still pending close to expiry, what is the safest step to avoid any status problem for the child? I am specifically looking for the safest practical option for a UK born child where the parents’ ILR eligibility date is very close to the child’s visa expiry date. Please advise . Thanks

[zimba]

The moment a parent gets ILR, a UK born child is entitled to be registered as British. Such a child does not need a visa or ILR and their visa status is irrelevant. Their entitlement under nationality law remains unchanged

UK born children do not have any issues, even if they overstay. A minor issue could be losing access to the NHS for a short period of time before the child becomes British. You may choose to apply for ILR for the child, if this is an issue for you.

[zakar007]

Thanks Zimba, that’s very helpful and will help us in planning for our child.apprecate it.

I have a follow-up couple of question regarding the timing of my and my wife’s ILR applications

1. I checked my records: my PBS dependant visa application was submitted on 30 June 2021, biometrics on 27 July 2021, and the BRP issue date is 16 August 2021. I was already in the UK all this time(I have been in the UK since 2016 in different visa category -ICT) , can the initial application or biometric date be considered the start of the 5-year qualifying period for ILR?

2. If the BRP issue date (16 August 2021) is used, and I apply on 19 July 2026, should the 28-day rule be calculated from the online application submission date or the biometric appointment date? The government website guidance states that applicants can apply up to 28 days before completing the qualifying period, calculated from the most beneficial of:

1. the application date
2. the decision date
3. any date up to 28 days after the application

Indefinite leave to remain: calculating continuous period in UK (accessible) - GOV.UK

Given this, is it acceptable to submit the application before 19 July 2026 and attend biometrics after that date, so that my case falls under point 2 above — the decision date — or should I wait and submit the application on 19 July 2026? could you please advise. Thank you

[zimba]

Due to COVID concession, you can all count your qualifying period from visa issue date.

I already covered everything here --> All you need to know about applying early, the application date, 28-day concession and more

[zakar007]

Thanks zimba,apprecaite it. another followup question on this.

You mentioned in the frst repsonse that “UK-born children do not usually have issues even if they overstay. A minor issue could be losing NHS access for a short period before the child becomes British. You may choose to apply for ILR for the child if this is a concern.”
Since MN1 registration can take several months, to maintain both immigration status and NHS access, can I apply for a dependant visa extension for my daughter instead of ILR? It would be much cheaper for us because our original route is the Health and Care visa and there is no IHS.

Would it be okay if we submit our ILR applications and my daughter submits a dependant visa extension application on 19 July?

[zimba]

Yes. That is possible

[lolo2]

can I apply for a dependant visa extension for my daughter instead of ILR? It would be much cheaper for us because our original route is the Health and Care visa and there is no IHS.

I think it would be more cost effective (and time efficient) to just secure private health insurance for the child until registration.