ILR Queries – UK-born Child Citizenship/ILR + SOC Code & Salary Clarification

[Kala79xis]

Dear Immigration Board Forum Members,
I will soon complete 5 years on a Skilled Worker route in the UK and plan to apply for ILR in the coming months. I would appreciate guidance on a few queries related to my children and SOC code/salary requirements.
Background
• I was previously in the UK on an ICT visa for around 5 years.
• My second child was born in the UK in 2019 during my ICT visa period.
• At that time:
o We registered him as an Indian citizen,
o Obtained an Indian passport,
o And got a UK ICT dependant visa for him.
• We moved back to India at the end of August 2020 after completion of the 5 years ICT assignment.
• We returned to the UK on 1 August 2021 on Skilled Worker visas.
• We are now a family of four, and 2nd children is born in the UK.
Query 1 – Second UK-born Child: ILR or Direct British Citizenship?
My second child was also born in the UK and currently holds:
• Indian passport
• UK dependant visa (expiring July 2026)
At the time we apply for ILR, my understanding is that both parents (mother and father) will become settled/receive ILR.
My confusion is:
1. Should I include my second child in the ILR application as a dependant?
2. Or can I directly apply for British citizenship/passport for the child once both parents receive ILR, since the child was born in the UK?
3. If I do not apply for ILR for the child, and the child’s dependant visa expires around the same time, would the child become an overstayer while waiting for citizenship registration?
4. Can my UK-born child be registered as a British citizen after both parents receive ILR, even if the child has not obtained ILR separately and their dependant visa has already expired at that time? If anyone has gone through a similar situation, your guidance would be very helpful.
Query 2 – SOC Code and Salary for ILR
My previous SOC code was:
• 2462 – Quality assurance and regulatory professionals
Under the updated SOC system, it appears to have changed to:
• 2482 – Quality assurance and regulatory professionals
My current salary is:
• £50,000 per annum
• 40 hours/week
However, based on the updated SOC code calculations, the going rate appears to be approximately £51,408 per annum for 40 hours/week, which is £1,408 higher than my current salary.
My questions are:
1. For the ILR application, should I use the old SOC code (2462) from my Skilled Worker sponsorship history, or the new SOC code (2482)?
2. Could the salary difference create an issue for ILR if my employer confirms continued employment at the current £50,000 salary?
3. Is the salary assessed based on the SOC code applicable at the time the Skilled Worker visa was granted, or the updated SOC code currently in force?
4. Do I mention updated SOC code (2482) in the application?

Thank you in advance for your help.

KR,
SK.

[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.

All salary calculations will be based on the most recent rules and the latest SOC 2020 list.

READ --> All you need to know about ILR salary requirements under the Skilled Worker route

[Kala79xis]

Hi Zimba,

Thanks for your guidance!!

KR,
SK.