Daughter has lived in the UK for 7 years: can the whole family get ILR

The answer depends on the route the child received their visa under. If a minor child received visas for 2–2.5 years and extended them, they may apply for Indefinite Leave to Remain (ILR) — in the case described, this is possible after 5 years. However, a preliminary assessment without reviewing the documents is impossible, and a consultation with a qualified lawyer is needed.

Which route determines the answer

In the case discussed, it matters on what basis the child received their visa: the family route (partner), the parent route, or the child route. These are different routes with different rules, and without this information no answer can be given.

In the case described, the child entered the UK on a parent visa. The question of which route the daughter was on came up several times in the conversation, and it is exactly this that determines what can be applied for.

What changes under the new rules

Under the current rules, if a child is under 18 and has held visas for 2–2.5 years, totalling 5 years, they may apply for indefinite leave to remain (ILR).

Previously, children were generally subject to the 10-year route, and the full 10 years had to pass. So in the case described, the answer “possible” means that 5 years under the new approach may be sufficient.

It was separately noted that the rules are changing: for more on the unfinished reform, see the article on the new ILR rules.

Why a general answer isn’t enough

The host said plainly that no clear, direct answer can be given: the situation depends on the history of the documents, not a general rule. So the first step is to gather all previous documents and show them to a qualified lawyer who will check them against current rules.

If there is even the slightest doubt that a child may be eligible for indefinite leave to remain, the question should be discussed directly with a specialist rather than relying on a general overview.