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ILR for Child born in the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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dmp
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ILR for Child born in the UK

Post by dmp » Wed Jan 27, 2016 6:01 pm

Hello Moderators
Great forum for immigration advice and hub of sharing experience regarding immigration matter. Thanks to moderators and all members for their great contributions.
Please suggest,
I will be switching from T4 to ILR based on long residence next month,
After my ILR approval,
Dependent Wife- Currently on T4 dependent, WILL SWITCH TO FLR (M),
Dependent baby born in the UK (15 months old)- Currently holding mother’s nationality & T4 dependent- Eligible for FLR (M) and may be MN1 however,

Can baby eligible to apply SET (F) for ILR?

Many Thanks Again :)

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CR001
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Re: ILR for Child born in the UK

Post by CR001 » Wed Jan 27, 2016 7:52 pm

Child can be registered as British under section 1(3) of the nationality act, which is an entitlement due to being born in the UK.

The child does not need ILR for this.
Char (CR001 not Casa)
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dmp
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Posts: 61
Joined: Tue Aug 12, 2014 2:18 pm

Re: ILR for Child born in the UK

Post by dmp » Wed Jan 27, 2016 10:01 pm

CR001 wrote:Child can be registered as British under section 1(3) of the nationality act, which is an entitlement due to being born in the UK.

The child does not need ILR for this.
Thank you very much for your quick response CR001.
If do not want register child as British, Is child will be eligible for ILR by SET(F)?

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CR001
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Re: ILR for Child born in the UK

Post by CR001 » Wed Jan 27, 2016 10:04 pm

Not sure about Set(F). Probably same as wife, FLR(M).
Char (CR001 not Casa)
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vinny
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Re: ILR for Child born in the UK

Post by vinny » Wed Jan 27, 2016 11:56 pm

It may be possible for your UK born child to apply for SET(O) under A280(b), 304-309. Include a covering letter referencing the Immigration rules.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dmp
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Re: ILR for Child born in the UK

Post by dmp » Thu Jan 28, 2016 10:15 am

Thanks a lot to Vinny and CR001 :)

dmp
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Re: ILR for Child born in the UK

Post by dmp » Fri Mar 04, 2016 12:03 am

CR001 wrote:Not sure about Set(F). Probably same as wife, FLR(M).
Hi CR001
Will Child eligible for MN1 after FLR(M) granted?
OR Has to follow 5 years route same as mother?

Thanks

vinny
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Re: ILR for Child born in the UK

Post by vinny » Fri Mar 04, 2016 12:17 am

UK born child is entitled to MN1 after you are granted ILR, before or after any FLR(M) application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dmp
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Re: ILR for Child born in the UK

Post by dmp » Fri Mar 04, 2016 4:08 pm

Thank you Vinny, I will follow that.
And also want to share experience that,
HO confirm at PEO that UK born baby with only one settled parent cannot be eligible for ILR (SET-F). Both parent must settled unless one deceased.

Thanks

vinny
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Re: ILR for Child born in the UK

Post by vinny » Tue Mar 08, 2016 12:51 pm

That's correct. However, SET(O) may be possible.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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