New Born Baby - Does she need PBS Dependant?

[Flint]

Lets say if parents (and child born in UK) everyones current Tier-1 leave expire on Nov 2014..Than parents apply for ILR in Nov 2014 but child doesnt...would this make the child over stayer or immigration status illegal as his tier-1 dependent is now expired as his parents didnt include him on there ILR application?..... until the time parents initiates his naturalization process what would be the status of my child? dont want to make him an illegal immigrant

Any helpful replies would be greatly appreciated

I'd love to see an answer to this if anyone knows as I'm in a similar position.

I was on a Tier 5 Creative and Sporting visa when my son was born in the UK in May 2015, and in August 2015 I successfully applied for a Tier 1 Exceptional Talent visa for myself and dependant versions for my wife and son (as he needed to come with us to Australia to apply, he needed entry clearance).

We'd like to apply for Indefinite Leave to Remain in August 2020 but if we can apply for British citizenship for our son, we will. As we wouldn't be granted ILR until after his visa expires, will he be here illegally until we can apply for him as parents with ILR? Or do we instead need to apply for ILR for him when we do ours?

Many thanks for any help!

Tom

[CR001]

I have split and moved your post to the Tier 1 ET section.

A UK born child DOES NOT require valid leave/visa or ILR to register as British. The child is entitled to register under section 1(3) of the nationality act (i.e. it can't be refused).

Obviously, the problem comes if you wish to travel and the child does not have a visa.

[Flint]

Thanks very much for your reply! That's helpful.

I read the relevant question and answer in the FAQs (apologies for not seeing that before I posted the question!) and in that, it suggested going for ILR for the UK-born child if there's a chance the parents might be refused. I wouldn't normally have have considered that a possibility until I saw this on the gov.uk website on the Tier 1 Exceptional Talent page of the ILR application section:

"Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible.

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
your relationship is genuine
you intend to carry on living together
you have enough income to support yourselves and your dependants
you’re not using public funds"

Nowhere in all of the guidance could I find ANYTHING about maintenance funds or minimum income for T1 ET ILR dependant applications, except that very short reference. If they're not specifying a figure, it says to me there's a chance an application might fail (and therefore we should apply for our son) but if we can save the £1500 on applying for him, we will..!

Tom

[CR001]

If you and your spouse are refused ILR, your child won't get ILR either.

The child does not need ILR to register as British, which can be applied for once you or your spouse are granted ILR.

ILR fees go up every year, by 2020 it will cost a lot more than £1500 each.

[Flint]

Of course, good point. No use him getting ILR if we don't have it! Not sure he'll manage on his own at the age of five.

But I'm still perplexed by the reference to earning enough to support the dependants without any detail whatsoever about how much is 'enough'. Have you seen any firm figures anywhere?

[CR001]

Not sure actually. I thought I had seen posts that there is no maintenance requirements and obviously as you have a work visa, you are in employment.

Have a look through some of the link in the topic link below.

http://www.immigrationboards.com/immigr ... 14832.html

I don't believe an income figure is actually mention (unlike some applications where a minimum is mentioned)