Baby Born in UK - ILR

[dexterous_1]

Hi Experts ,

Thanks in advance for answering my question. You guys have created a great platform and very helpful for we immigrants. My question is about ILR for my son. My son was born in October - 2011 while we were in UK on Tier-1 visa. Since we were very far from our ILR application so we applied for his Indian Passport and subsequently we got his tier-1 dependent visa as well. Our ILR application is coming next year and I am wondering if I have to apply for his ILR along with ours or I can apply my ILR and after receiving it , register him as BC. At the moment he has Indian passport and have a tier-1 dependent visa but he is born here.

Please can somebody throw some light here.

Thanks for the help and your time.

[maccdad]

Yes, you may skip ILR application for baby, since after you are granted ILR, then you can register your baby as BC using form MN1, under section 1(3).

Now, this is assuming your ILR application is straightforward and that you are indeed granted ILR. Please go through other sections of this forum to understand fully about ILR requirements.

[dexterous_1]

Hi maccdad ,

Thanks for your reply. I read the guidance notes for the MN1 section 1(3) ..and it says exactly what you state ...so thanks for pointing it out. Obviosuly the task will be to get our ILR done for that I guess. I have been in UK since 2008 , first year on student visa , then 1.5 years on Post Study visa and since then 4 years on Tier-1 ..with same employer till now ..so hopefully it should be strtaight forward application but obviously you never know with UKBA. Couple of questions :

1. My and my son's current visa is valid till 4th april 2016 but my 5 year period completes on 23rd march 2016 and I assume that I can apply one month prior to my 5 year completion : is that correct ..?
2. Now lets say I apply on 24th Feb -2016 ..and i assume it can take 3-6 months for me recieve the ILR..and once i recieve that then only I can apply to register my Son under MN1- 1(3)..is that correct ..?
3. From the second point: As I said in first point my son's visa will expire on 4th april 2016 and lets say i dont recieve my ILR application till 20th May 2016 ( arbitrary 3 month date) ..so is it ok for my son to be without any status for this time period ( 4th april to 20th may) ..? would it create any problem in his MN1 application.

thanks for your time and help.

[dexterous_1]

anybody else who can guide me about the above questions ...

[CR001]

1. My and my son's current visa is valid till 4th april 2016 but my 5 year period completes on 23rd march 2016 and I assume that I can apply one month prior to my 5 year completion : is that correct ..? Yes, no sooner than 28 days before you reach the 5 year qualifying time.
2. Now lets say I apply on 24th Feb -2016 ..and i assume it can take 3-6 months for me recieve the ILR..and once i recieve that then only I can apply to register my Son under MN1- 1(3)..is that correct ..? Yes, you will need to send proof of your ILR with the MN1
3. From the second point: As I said in first point my son's visa will expire on 4th april 2016 and lets say i dont recieve my ILR application till 20th May 2016 ( arbitrary 3 month date) ..so is it ok for my son to be without any status for this time period ( 4th april to 20th may) ..? would it create any problem in his MN1 application. No, it will not as MN1 under section1(3) is an entitlement to register as the child was born in the UK

[dexterous_1]

Thank you very much CR001 for your clarifications .