ILR for child born in UK

[KiranAgam]

Hi all,
I have two children born in uk.
My elder child born on 31/01/2013
My second child born on 29/04/2015.

I had applied for Tier1 ILR with my husband on 15 March 2016. I did not include my children in my application because I asked the immigration enquiry bureau and they said I can either apply for my children with me or after I get my ILR.

I got an email from home office on 16 August 2016, asking me whether I intend to make application of my children.
The technicality here is I travelled with My elder daughter so I had to get her dependent visa on me which expired on 27 March 2016. When I checked with immigration bureau I told them this but they still said I can apply for my children after I get my ILR.

I explained this in my reply today to home office and asked for clarification because there is no clear information on whether I need to apply for my children with me or after.

The home office replied to me that they can't advise me on this. And then said my elder daughter is now classed as overstayer.

I responded saying I will apply for my both children.

But I don't know if they will accept my application for elder daughter because she is classed as overstayer. The decision to my own application is still pending.

I only applied her visa as I had to travel with her but she is born in UK.

I am very very distressed, not able to eat and sleep.

So I am now sending them an application with my daughters names but I am worried, will they accept it. If they will add it to my previous application. Or reject because they can refuse the application if you have overstayed.

I am so surprised because there is no clear information anywhere about this. Please give me some advice or evidence in my support.

My second worry is I don't have passport for my younger so what documentation should I submit for her. I only have her birth certificate.

I will be very thankful.

[noajthan]

First things first, don't rely on HO or UKVI helpline.
It is known to be unreliable and cannot be held accountable for any actions you may take based on their 'advice'.

Children born in UK do not need ILR they just need to wait for you to get settled status; then they are entitled to register for citizenship.

You have upset the applecart by travelling prematurely before minors had clear status. And by losing track of the child's visa status once you had put them onto visa.
It is unclear how you regularise daughter #1's status now as it seems to be almost 6 months since visa expired.

Does father have ILR yet?
If second child has not left UK and is/was not on a visa then she can sit tight until one parent has ILR. Register child #2 then

[KiranAgam]

Thank you noajthan for your reply.

Father's application is made at same time as mine. We are both awaiting response.

[noajthan]

Thank you noajthan for your reply.

Father's application is made at same time as mine. We are both awaiting response.

So for UK-based child (#2), sit tight.

For child #1, stand by for family specialists to come online.

[KiranAgam]

Family specialists?
Okay I don't know because I am here first time and really very panicked.

The HO email said to submit the documents for both children in 7 working days.

But when I replied to her about confusion in whether to apply for my children or not. I then said I will respond to her advice in post.

She emailed back saying my first child is now classed as overstayer and said I don't need to send postal respond as I have responded to her email with required information.

I don't know if that mean she will still consider my children application in 7 working days.

It is so confusing

[Abc499]

[(Dear Moderators please do not block me for this ) just expressing my view and will learn if disagreement. My view is not from the point of law but just from a logical thinking.

2nd child who born here and never took Visa, is absolutely fine as never bind yet with immigration law so no question about it and fine to exclude.

1st child, as soon as took visa then bind with immigration law. So once visa expired, should be overstayer as usual. As soon as parent/s get ILR UK born child is ENTITEL to register as British no matter about the previous status (but visa expiry to registration is overstayer). So even if everything goes well still the child become overstayer then British. Child will be British once parent/s get ILR, I have no doubt but probably that does not mean overstay will be removed, HO will just disregard it.

It’s simple that there visa expiring with parent/s and they need to apply with parent/s. We exclude the UK born child when we apply ILR is just for saving the application cost of child. If we simply think, we can see that child is becoming overstayer on this cases, and do not see any reason why not.

Is not it parent’s duty to keep the child history clean! Just to save the application fee, we are keeping a spot on child history.

Just wondering, let’s say after 20 years 2nd child applying for a visa in any other country and a question is... have you ever been overstayed in any country beyond your visa expiry. If we genuinely answer the question, then what is the answer we should choose! Yes or no!

Here in this forum moderator VINNY in similar case somewhere mention child may be considerate overstayer, I liked that answer.


Please do not misunderstand me, I am just very much eager to know the most absolute answer/action on this cases and that is why wrote that.]




@ KiranAgam on similar cases:
Other member says on this forum that they inform HO, child will be entitled to register as British once parent/s get ILR, we will register child as British once we get their decision.

Many others also received similar questions like you from HO and relax that it’s not only you, so far do not see anyone face any issue and also child will be entitle (will not be refused) to register as British once you get ILR. Don’t be distressed, start eating and sleeping.

Hope moderators/seniors will be able advise you, what you can do next on your case now.

[noajthan]

[(Dear Moderators please do not block me for this ) just expressing my view and will learn if disagreement. My view is not from the point of law but just from a logical thinking.

...

While I would not go as far as defending to the death your right to express your views that is what the forum is all about.

[vinny]

As child is under 10, don't worry. Register child once you have been granted ILR, irrespective of child's status.

[KiranAgam]

Thankyou for your replies.
I definitely want to keep my child's history clean. This was due to confusion about procedure involved if child is born in UK.

I am submitting ILR application of both children with me as initially asked by HO, because my decision is yet pending.

But not sure if they will accept it. I don't want overstayer in my child's history.

[Abc499]

Actually nothing to worry and probably no action required now, as also child is under 10. Moderator vinny provide all the details.

You can think in different way now rather than losing sleep that the case worker was so good and was thinking where is the child! And that is why she confirmed with you that the child is safe and with you.

[Abc499]

[(Dear Moderators please do not block me for this ) just expressing my view and will learn if disagreement. My view is not from the point of law but just from a logical thinking.

...

While I would not go as far as defending to the death your right to express your views that is what the forum is all about.

thanks... was scared. also the letter j always remind me sword and you have that

[KiranAgam]

Hi Abc499,

You are absolutely right. Actually she did say in her email that it is their duty of care to children and she wanted to make sure child is well and in my care. So I am really thankful to her because she was trying to be helpful.

I have seen similar query today in another topic. They were asked same thing to parents but they replied saying they will apply for their children after getting their own ILR.

So I was overanalysing everything. However because of the term overstayer I was very panicked. So I wrote to her straight away that I am sending application for kids. Because I have told her I am sending in my reply so I will have to send it now.

Me and my husband have prepared the documents and cover letter. We are sending it tomorrow.

Although I have learned from my research on this topic now:
We can apply for children born in UK at the same time as our own ILR or after we get ILR.. It is our choice. But if child has a visa as dependent then despite they are born in UK and during our application if visa is expiring then I would strongly recommend to apply for the child with you. But if visa is not expiring then again no need to apply for child ILR.

Thank you everyone.

[KiranAgam]

Also this forum is very good.
I wish I had come here earlier.

Because I even tried to sought legal advice and even they didn't advice me much. They said it depends on particular case whether you need to apply for children or not.

But this forum provides more and better up to date information provided we post our enquiry honestly.

So really thank you everyone.

[Casa]

Also this forum is very good.
I wish I had come here earlier.

Because I even tried to sought legal advice and even they didn't advice me much. They said it depends on particular case whether you need to apply for children or not.

But this forum provides more and better up to date information provided we post our enquiry honestly.

So really thank you everyone.

...and all for free!

Please keep us updated on your progress.

[KiranAgam]

Hello everyone,

I missed a letter from post office today. I will have to wait until tomorrow to collect it.
I don't know what this means because they gave me 7 working days to make an application for children. I sent them the documents which they were to recieve today.

And they sent me a letter already. I don't know what it could be?

One more painful day.

[KiranAgam]

ILR refused because of salary

I showed self employed income 1800 pounds
She is calculated 800 pounds.

There seems a problem in her calculation. We are given AR of 14 days.

Any suggestions. We had submitted the calculation by chartered accountant. So I am really surprised how they miscalculated.

Rest everything is fine

[ILR2015-2016]

ILR refused because of salary

I showed self employed income 1800 pounds
She is calculated 800 pounds.

There seems a problem in her calculation. We are given AR of 14 days.

Any suggestions. We had submitted the calculation by chartered accountant. So I am really surprised how they miscalculated.

Rest everything is fine

Did you submit any invoice for that £1800? And bank account also reflects the same amount?

[Abc499]

Very sorry to hear that
If they made a real mistake on calculation then could be ok in AR but calculation mistake in that way seems quite unusual. However, in the decision letter they must mention everything clearly.

So because of the £1000 difference, you missed the threshold ? also make sure that £1800 was the net figure and not the gross profit.

(just thinking, is there was any issue with claim period... like they way you calculate the 12 month, they calculate in different way for any issue! I am just guessing but all this should be clearly mention in letter).

[Casa]

Without trawling back through your thread to check whether this has been mentioned....were your self-employed earnings after deduction of allowable expenses? In other words, the amount on which HMRC have calculated for tax due?

[KiranAgam]

Dear all,
Sorry I misunderstood the letter.

She is saying the self-employed income is not shown in bank statements and 2 evidences criteria is not met.

I had submitted
Invoices
Letter from Chartered accountant
Tax return
And letters from clients

I have previously both times submitted self employed income showed on bank statements but this was the only thing missing this time because it was such a small amount coming to about 100 per week.

She is saying all other evidences are not accepted due to 19-SD in Appendix A of immigration rules.

I read that appendix and Tax return and chartered accountant statement are listed there.

Please help with your experiences

[KiranAgam]

I have always supplied same self employed documents previously.

Only thing left was bank statements because this time it was very small amount

[Abc499]

I had submitted
Invoices
Letter from Chartered accountant
Tax return
And letters from clients

Invoices
Letter from Chartered accountant
Tax return
And letters from clients

this all will be considered from same source documents, I had little confusion on Tax return but also this could be on the same as proving Payslip and P60 or payslip and tax return also will not work.

to make it simple, she was looking on it: "Bank statements provided must be on official bank stationery, and must show each of the payments that the applicant is claiming"

If its genuinely not deposited in the bank then probably it will be really hard to prove.

what I understand reading your another post
You (including dependents) were in T1G (which was last leave) but complete 10Y and you alone applied for LR-ILR. while application pending, during the this time your T1G visa coming to expiry (dependent on T1G), and then you decide to vary on T1G-ILR inducing your dependent.

seems you were on confusion which route to apply. Because even if you apply on LR-ILR and T1G-dependent visa expiring, then it is not necessary/mandatory that you have to move to LR-ILR to T1G- ILR. on that point also you can apply for dependent as settled person dependent. But yes negative thing is dependent residency will be reset and new 5 years.

However current refusal on T1G-ILR. you can recheck the refusal details but you make a mistake by ignoring the figures as small. probably you can also consider to apply LR-ILR ASAP as you eligible for this too.

[KiranAgam]

I have always supplied same self employed documents previously.

Only thing left was bank statements because this time it was very small amount

[Casa]

The small amount was the crucial difference between qualifying or not, and the Case Worker needed to see the bank statements showing the deposits.

[Abc499]

The small amount was the crucial difference between qualifying or not, and the Case Worker needed to see the bank statements showing the deposits.

also as this was missing, casework might think that this amount added purposely to reach the threshold.