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Discussion Starter · #1 ·
My 15 year old nephew was not born in the UK He came into the UK with his mum at age 5. He and his mum got 30 months leave to remain in 2015 to expire September 2018. His father is British so are two younger siblings. Can His dad apply for ILR for him? If so can he do it now to avoid new fees in April? Current Leave to remain expires in 09/2018 .
 

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You can only apply for ILR for the child if both parents are settled or are applying for settlement at the same time. So he has to wait until his mother is eligible for ILR, which will be in 2020. Only exceptional circumstances would they consider granting him ILR before that, such as non-settled parent has died or there are compelling, compassionate reasons.
 

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Discussion Starter · #3 ·
Thank you so much. I hope by 2020 the Home office will not come back to say. He is 18 and will have to apply as an adult.
 

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No, as he has been on family route before, provided he hasn't formed an independent living (e.g. by marrying) or become financially independent by working full-time. So provided he is still a dependant, he is ok. Once he's turned 18, he needs pass in the Life in the UK test and to meet the English requirement at B1.
 
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