Parents got ILR but baby Tier 2 Visa till 20 Jan 2015

[maccdad]

Hi,

Me and my dependants (spouse & UK born baby) were holding Tier-2 ICT visa valid till 20 Jan 2015.

Then me and my spouse were granted ILR on 3 Jan 2015 (waiting for BRP card).

So, is there a risk that the baby breaches immigration conditions by overstaying if we don't apply for form MN1 by 20 Jan 2015? OR is the child now exempt from validity of stay?

Can someone provide a clarification on this and support their response with formal references/links please?

[vinny]

Baby is not exempted from overstaying until baby is granted British citizenship.

[maccdad]

Baby is not exempted from overstaying until baby is granted British citizenship.

1) So, in your opinion should I process baby's ILR visa first OR submit MN1 directly?

2) Also, on the date UKBA receives the MN1 application and till such time a decision is confirmed - does the current leave for baby (i.e. Tier 2) continues or not?

[vinny]

1. MN1.
2. It doesn't matter.

[maccdad]

1. MN1.
2. It doesn't matter.

Awesome & prompt response..to the point!
Thanks Vinny Guruji

[maccdad]

1) If we decide to go for child's Certificate of Entitlement to Right of Abode (CoE/RoA), instead of British passport, then is BC registration via form MN1 required?

2) If suppose, child with CoE stays outside UK for lengthy periods (>5 yrs) and then wishes to obtain British passport, is that allowed?

[vinny]

1. Yes.
2. Yes.

[maccdad]

1. Yes.
2. Yes.

We are Indian nationals currently and baby also has Indian passport, so therefore would a CoE on an Indian passport become illegal in Indian law? (since a foreign citizen should not be holding an Indian passport in the first place).

[zeusmagnanimous]

1. Yes.
2. Yes.

We are Indian nationals currently and baby also has Indian passport, so therefore would a CoE on an Indian passport become illegal in Indian law? (since a foreign citizen should not be holding an Indian passport in the first place).

Yes. As far as I know you have to surrender your indian passport within 90 days of gaining another citizenship. So in theory it will be OK to use for 90 days counting from the date of MN1 approval.