Indefinite Leave to remain for child born in UK

[shobhitsri]

Hi all,

I’m currently on the Skilled Worker visa route, and my five‑year qualifying period will be completed soon. I am thinking of applying for ILR but I have a doubt about applying ILR for my son or applying for citizenship.

My child was born in the UK while I was here on a five‑year Tier 2 ICT visa. After his birth, he lived in the UK for around four years. When that visa expired, we returned to our home country and stayed there for a full year before coming back to the UK on the Skilled Worker route.

I’ve read somewhere that a child born in the UK can apply for British citizenship directly once the parents obtain ILR.

First, I’m not sure whether this information is accurate.

Second, if it is correct, would it still apply in my son’s case, given that he was born in the UK but later spent a year living outside the UK?

Will you please help me finding out this?

Thanks in advance.
Regards

[CR001]

Your son has an entitlement to register as British once either parent gets ILR. This remains the case as long as he is registered as British on form MN1 before he turns 18.

There is NO absence limit, he does not need ILR.

[shobhitsri]

Thank you very much for your reply.

You mentioned: “This remains the case as long as he is registered as British on form MN1 before he turns 18.”

I’m a bit confused about this. My son is not British at the moment — he only has a passport from my home country, although he does have a UK‑issued birth certificate.

So, just to confirm my understanding:

- I should apply for ILR for myself and my spouse now.
- After we receive ILR, we can then apply directly for our son’s British citizenship using Form MN1.
- He does not need ILR himself.

However, this raises another question:

During the period when our ILR application is being processed, my son will not have a valid visa if his current visa expires. Is it acceptable for him to stay in the UK without a valid visa during this time ?

[CR001]

You mentioned: “This remains the case as long as he is registered as British on form MN1 before he turns 18.”

I’m a bit confused about this. My son is not British at the moment — he only has a passport from my home country, although he does have a UK‑issued birth certificate.

I never said or alluded that he British. You have to register the child before 18 as British on form MN1!! Not sure what is not clear.

So, just to confirm my understanding:

- I should apply for ILR for myself and my spouse now.
- After we receive ILR, we can then apply directly for our son’s British citizenship using Form MN1.
- He does not need ILR himself.

Yes.

However, this raises another question:

During the period when our ILR application is being processed, my son will not have a valid visa if his current visa expires. Is it acceptable for him to stay in the UK without a valid visa during this time ?

Ues, not an issue, he will be an overstayer but it won't impact his entitlement to register as British. Make sure you have private medical insurance as once his visa expires, he is no longer entitled to free nhs use.

[shobhitsri]

I get it now. Thank you very much for the advise.

[shobhitsri]

Just to update you all, yesterday, my ILR application was approved. I am really very thankful for the guidance and support I have got over the time.

I submitted my ILR application first and am now completing the application for my wife. We both came to the UK at the same time, and she has been on a dependant visa throughout my Skilled Worker route, so we are both reaching the five-year qualifying period together. However, I decided to submit my application first to avoid any unforeseen issues.

I am now completing her application using the SET(O) form as a Skilled Worker dependant. What I find a little confusing is that the form is not asking for any relationship evidence, such as a marriage certificate or proof of cohabitation. It only asks for details of the main applicant, including passport number, Home Office reference number, and settlement details.

Previously, when I attempted to submit her application alongside mine, the system requested evidence of two years' cohabitation. I have no issue providing these documents and can easily provide evidence covering the full five years if required.

Could you please confirm whether I am using the correct application route (SET(O) – Skilled Worker dependant) and whether I should simply provide the documents listed in the checklist (consent/declaration forms, English language certificate, current and previous passports) or additionally upload our marriage certificate and cohabitation evidence (2years or 5 Years) as supporting documents?

I would be really obliged. Thanks in advance.

[zimba]

Form SET(O) is correct

Marriage certificate is not needed but cohabitation evidence is still needed, so submit those. The document list is not always exhaustive, accurate or complete

All you need to know about cohabitation evidence

[shobhitsri]

Thankyou very much will upload them.

Thanks Again.

Best Regards.