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Child Born After July 2012

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

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Native_Lad
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Posts: 8
Joined: Tue Apr 26, 2016 4:54 pm

Child Born After July 2012

Post by Native_Lad » Tue Jun 07, 2016 3:58 pm

Hello All,

I have just been granted British citizenship and my wife qualifies for Indefinite Leave on the 10 Yrs Long Residence route. Now I have a son who is just 2yrs old born in the UK and is my dependent, does he qualify for Indefinite Leave when my wife gets ILR and if yes what is the appropriate form to use for his application.

Also, just to mention he was born after I got my own ILR (ie both myself and my wife did not have ILR when he was born).

Please can any of the experts help advice me on this.

Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Child Born After July 2012

Post by noajthan » Tue Jun 07, 2016 4:04 pm

he was born after I got my own ILR (ie both myself and my wife did not have ILR when he was born).
Do you mean son was born before any parent had ILR :?:

Assuming that you do mean that...

Now you (one parent) has had ILR granted, (and then citizenship), your son is entitled to register as a citizen.
This is an entitlement (son does not need ILR nor to wait for mom to be granted ILR).

Use form MN1.
Apply under Section 1(3) of BNA.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: Child Born After July 2012

Post by iworker » Tue Jun 07, 2016 4:08 pm

If he was born after u had ilr, then he is already british. (your wife visa doesnt matter)
if he was born before you had ilr, you dont need to apply for his ilr. you need to apply for mn1 registration to register him as a british citizen.

Native_Lad
Newly Registered
Posts: 8
Joined: Tue Apr 26, 2016 4:54 pm

Re: Child Born After July 2012

Post by Native_Lad » Tue Jun 07, 2016 4:36 pm

Thank you very much noajthan and iworker, this is great news for me and also saves me the cost of paying for an ILR.

Also appreciate the quick response.

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child Born After July 2012

Post by secret.simon » Tue Jun 07, 2016 7:59 pm

Native_Lad wrote:saves me the cost of paying for an ILR.
Only because the child was born in the UK.

Had the child been born abroad, typically in the country of the grandparents, ILR would have been required.

Wise choice.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Child Born After July 2012

Post by noajthan » Tue Jun 07, 2016 8:12 pm

Native_Lad wrote:Thank you very much noajthan and iworker, this is great news for me and also saves me the cost of paying for an ILR.

Also appreciate the quick response.
You can put the saving towards the registration fee (or put into an ISA for college fees).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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