I am going to be applying for my ILR in the coming days. I have a 2-year-old daughter who is not born in the UK. My lawyer has told me that she is not eligible to apply for ILR until she finishes 5 years of stay in the UK. There is no reason to not trust what the lawyer is telling but I am reading on the internet forums that my daughter can be eligible for ILR.

Where do I find official guidelines on this matter? Have the guidelines changed recently?

  • 2
    There are no 'official guidelines' for what you're looking for except those you already know about. If you are applying for ILR as the primary of a family, your daughter may be eligible for a concession on the basis that exclusion may disrupt family life if other family members have ILR. But this concession is well in to the discretionary zone, they don't have to do it if they don't want to. And finally, stay away from internet forums; they do more harm than good.
    – Gayot Fow
    Aug 26, 2017 at 8:48
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    @GayotFow thanks. You seem to be knowledgeable in this area. Can I ask you to take a look at my other question? expatriates.stackexchange.com/questions/11962/…
    – Suhas
    Aug 26, 2017 at 11:24
  • I discussed that one with Dorothy in chat; she made a great comment so no need to look at it
    – Gayot Fow
    Aug 26, 2017 at 12:19

1 Answer 1


You make look at this document about the discussions between UK and EU going on right now:


Currently, your daughter is allowed to stay with you under EU law as a family member. The UK wants to change this, saying "residents above will fall within the scope of the WA as an independent right holder". Right now it doesn't look like the UK government is going to get what they want in these negotiations.

  • 3
    There is no indication that Suhas is an EU citizen or an EEA or Swiss national. Indeed, such people normally don't apply for ILR, so it's likely that Suhas isn't one of those things. If that is correct then your answer is not relevant to this question.
    – phoog
    Aug 26, 2017 at 19:38

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