Extension for child born in UK

[muazpk]

Hi

I have recently sent my application for ILR and is in process currently. I have applied via the Tier 1 5 year route.

I have 2 dependents (1 wife and 1 child). I know that for my wife I have to apply for extension as she is not eligible for ILR yet.

My son would be eligible for British citizenship once i am granted ILR as he was born in UK in April 2017. I applied BRP for him because he had to travel abroad after birth. His BRP is expiring on 20.10.2017.

My question now is whether I need to apply BRP again for him. Or I can wait till I am granted ILR and then apply British Citizenship for him.
I read somewhere that child born in UK does not actually need a BRP unless he/she has to travel.

Please advise asap.
Thanks.

[shan101]

You need to apply for her for ILR too as your dependent same as you would do for your wife if she had completed 5 years. Your child has previous visa therefore you should apply for her ILR visa.

[CR001]

You need to apply for her for ILR too as your dependent same as you would do for your wife if she had completed 5 years. Your child has previous visa therefore you should apply for her ILR visa.

No they do not. If the OP wishes to register the UK born child as British he DOES NOT have to apply for ILR for the child.

[muazpk]

Hi
I think there is a confusion.

My son (who is born in UK) will be eligible for British citizenship once MY ILR is granted. My question is what do I do for him while my ILR application is under process:
1. Do i apply dependent visa extension for him?
2. Or should i just wait for my ILR approval and then apply British citizenship for him? Will my child be considered an overstayer between his current BRP expiry date (20.10.2017) and his application for British citizenship (after my ILR approval)?
Because i read somewhere that child born in UK does not actually need any visa to stay in UK unless the child is travelling.

Thanks for the help.

[fzp83]

Hi muazpk

I am also in similar position as you are. I have sent a further query to Zimba, who replied to my previous query, and will let you know as soon I hear back from him.

As per my understanding the child , who is born in the UK, does not need visa to live in the UK unless they go on traveling and have to come back here. As such, I believe even though child's BRP has been applied due to their previous traveling, this does not change the fact that the child was born in UK and their right to apply for BC once one or both parents get their ILR approved, still stands.

i'll post the link of my post in a bit... you can read through it and can share any further concerns you may have.

thanks

[fzp83]

indefinite-leave-to-remain/ilr-query-3- ... l#p1549341

here you go...

[vinny]

See also born in UK 3year dependant visa renewal refused-OVERSTAYER.

[muazpk]

See also born in UK 3year dependant visa renewal refused-OVERSTAYER.

Hi Vinny,

thanks for the link. i have a better understanding now. please correct me if wrong:
If i do not apply for an extension for my son now and wait till my ILR application's decision, he will be considered an overstayer but this will flag my son in homeoffice's system. Once ILR is granted to me, my son can then register as a British citizen.

There is a slight difference between my situation and the person in the post you shared. They are still under PBS visa and havent qualified for ILR yet. but my ILR application is already with Homeoffice. i just want to buy some time till my ILR is granted (saving me the heavy fees) and then i can register my son as british citizen and at the same time do not want him to be an overstayer (ie being flagged in homeoffice records).

please give any suggestions. may be some sort of FLR or something.

thanks.

[muazpk]

may be some sort of short term visa not to let my son become an overstayer to avoid any potential future problems.

or should i apply extension for dependent visa for my son and once i am granted ILR i can ask homeoffice to cancel his extension appplication and apply british citizenship for him. please guide.

regards

[vinny]

If child is under 10, then overstaying shouldn't affect child's entitlement to British citizenship after a parent is granted ILR.