Child Born in UK_Overstay?

[kotha_001]

Can anyone provide suggestions on my below query?

I am planning to apply for ILR application in Coming decemeber and also including my wife's application.

We have a baby girl who born in May 2012, UK and we applied dependent visa for her in June 2012 as we went to india. Now her visa has been expired in last March 2014 and i was told by few of my friends that she doesn't need another Tier-1 dependent extension as long as she doesn't travel ooutside UK.

So can i apply UK Citizenship for her immediately after i got ILR? Or does her stay in UK counts as overstay and may reject her British Citizenship?

Your advice would be great helpful.

Thanks

[Obie]

The child will not be an over stayer, but will having difficulty coming into UK if you want to make an urgent travel.

The child will not be a British Citizen when you secure ILR. You will need to register her, and only if that registration is successful, will the child become a British Citizen.

[kotha_001]

Thanks for prompt reply and your advice.

[Amber]

The child is technically an overstayer if leave has expired, but it has no bearing on a section 1(3) application.

[Obie]

Well a child born in UK does not require leave. They cannot be classed as an overstayer as they never had leave to enter which subsequently expired. However it will appear that having applied for leave previously, the consequence of not renewing it makes the child an overstayer.

Very strange situation. However it will have no adverse effect on the child.

[kotha_001]

Thanks to both of you...

If you dont mind could you clarify my doubts on my other post ( Road traffic offence- ILR Application).