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ILR and 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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VirtualWaver
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United States of America

ILR and child born in the UK

Post by VirtualWaver » Sun Aug 13, 2017 1:08 am

Hi All,

I am currently on a Tier 2 General visa, my wife and my child are my dependants. Our visas are valid until mid 2019. My child was born in the UK but she also has a passport from our country. She travelled once to our country for a 1 week holiday.

My wife and I will be eligible for ILR soon.

I wanted to ask: do I have to include my child in my ILR application too or my wife and I can apply and our child will automatically get British citizenship once our ILRs will be approved? If I do not have to include my child in our application, what will be her visa / immigration status once we will get the ILR and before she will get her passport?

Will be greatful if you could shed some light on this. Thanks!

vinny
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Re: ILR and child born in the UK

Post by vinny » Sun Aug 13, 2017 1:25 am

UK-born child, preferably age under 10, may skip ILR if registering for British citizenship directly after they grant a parent ILR.
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.

VirtualWaver
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Posts: 311
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Re: ILR and child born in the UK

Post by VirtualWaver » Sun Aug 13, 2017 1:33 pm

Hi vinny,

Thank you so much for your help!

My child is just 4 now so well below the age 10.

Do I need to apply to register her as a British citizen along with my ILR application or I have to apply for ILR for my and my wife first and then apply to register her once our ILR applcation will be succesful?

In this case what will be my child's status once we will get the ILR? I understand her dependant visa will not be valid anymore?

Thanks a milion!

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CR001
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Re: ILR and child born in the UK

Post by CR001 » Sun Aug 13, 2017 1:39 pm

Apply for citizens after you get ILR. Apply using NCS at the council so you get to keep hold of all original documents and you can apply for citizenship and passport at the same time.

Her visa remains valid, not sure why you believe it does not.
Char (CR001 not Casa)
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VirtualWaver
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Posts: 311
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Re: ILR and child born in the UK

Post by VirtualWaver » Sun Aug 13, 2017 4:24 pm

Thank again, really appreciate it!

I was thinking that her visa will be invalidaded once I will get ILR as she is currently a Tier 2 dependant. I was thinkinh that dependands' visa is automatically cancelled once the main applicant changes their visa or immigration status.

vinny
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Re: ILR and child born in the UK

Post by vinny » Sun Aug 13, 2017 4:42 pm

No. Similar to partner, child's leave remain valid, until expiry.
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.

Obie
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Re: ILR and child born in the UK

Post by Obie » Sun Aug 13, 2017 4:49 pm

If applying under long residence, then it will have an effect, otherwise as Vinny stated, your wife will be fine.
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VirtualWaver
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Posts: 311
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United States of America

Re: ILR and child born in the UK

Post by VirtualWaver » Sun Aug 13, 2017 10:39 pm

Thanks a million All! In that case I will apply for myself and my wife and will apply for British citizenship for my daughter once we will get our ILR.

You just saved me 2800 pounds for my child's application! Thanks a lot again!

vvssrr1230
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Re: ILR and child born in the UK

Post by vvssrr1230 » Thu Jan 10, 2019 12:19 pm

Hi sir,

Could you please let me what happened in the end? Did you apply for ILR for your kid or not?

I am in a similar situation. My son was born here in UK and has Indian passport. Me and my hubby are eligible for ILR on April 2019. Do we apply for his ILR or can we apply for his British passport after we get our ILR?

Thanks
VV

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CR001
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Re: ILR and child born in the UK

Post by CR001 » Thu Jan 10, 2019 12:42 pm

vvssrr1230 wrote:
Thu Jan 10, 2019 12:19 pm
Hi sir,

Could you please let me what happened in the end? Did you apply for ILR for your kid or not?

I am in a similar situation. My son was born here in UK and has Indian passport. Me and my hubby are eligible for ILR on April 2019. Do we apply for his ILR or can we apply for his British passport after we get our ILR?

Thanks
VV
1. Please start your own topic instead of tagging onto one from mid 2017!! The user did not apply for ILR for their UK born child.

2. UK born children DO NOT require ILR to register as British.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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