Main applicant's ILR application pending to a dependant child

[rags217]

Hello,

My tier 2 general visa started on Jan 2014. I got married 2 weeks later and my wife came to uk as a tier 2 dependant on Apr 2014. We had our son born in UK on 2016 Jan. I applied for extension of tier 2 visa for myself on Dec 2016. at the same time I applied my wife's extension and I applied my son's 1st dependant visa.

We all 3 received tier 2 visa valid until Jan 2020.

This year I got eligible for ILR. My wife will be eligible on Apr only. I was planning to apply for citizenship to my son directly after I was granted with the ILR. So I applied ILR for myself and got the following question from the case worker:

I am the caseworker dealing with your application for indefinite leave to remain as a Tier 2 Migrant, at present I am unable to proceed with your application.

The reason for this is that I require further information from you in order to process your application.

I note that in your application of 13 December 2016 you included your dependant child XYZ. On your current application I can see that this child has not been included. Can you provide an explanation for this?’

This information is required by 5pm on 11 February 2019, if the information is not received by this time your application may fall for refusal/ be rejected as invalid.

Can you please tell me why the case worker has asked this question? Is it mandatory requirement or some new rule where while applying for ILR of primary applicant one should apply for dependant child too?

I already know a couple of families who got the primary applicant's ILR ahead of their dependants and then apply for citizenship of their dependant kid.

Thanks in advance.

[CR001]

Can you please tell me why the case worker has asked this question? Is it mandatory requirement or some new rule where while applying for ILR of primary applicant one should apply for dependant child too?

It is to do with safeguarding children. A UK born child does NOT require ILR to register as British.

Simply write back stating you will be registering your child as British under Section 1(3) of the BNA once your ILR is approved.

Note, please DO NOT post full names of yourself or dependents on the forum.

[rags217]

Thank you so much for the prompt reply.

I will be careful when I next use forums.

[MissionPossible]

Hi Rags,

I'll be in same boat next week and expecting similar query from case worker.

Would be really helpful - if you can please confirm the language you finally used and the final outcome of your ILR application ?

Goodluck!
Thanks in advance.

[CR001]

Hi Rags,

I'll be in same boat next week and expecting similar query from case worker.

Would be really helpful - if you can please confirm the language you finally used and the final outcome of your ILR application ?

Goodluck!
Thanks in advance.

The user only posted the question TODAY!!!

This issue has been answered 100s of times on the forum too.

[vfinancials]

Can you please tell me why the case worker has asked this question? Is it mandatory requirement or some new rule where while applying for ILR of primary applicant one should apply for dependant child too?

It is to do with safeguarding children. A UK born child does NOT require ILR to register as British.

Simply write back stating you will be registering your child as British under Section 1(3) of the BNA once your ILR is approved.

Note, please DO NOT post full names of yourself or dependents on the forum.

Hi CR001,

I have a similar situation. Just I have not been asked this question by case worker yet. But in my case. My Daughter Visa is Expiring on 20 Feb 2019. I applied my ILR in 15 December 2018. By timeline I can see mostly T1 E are getting ILR reply within 4 months. My Daughter is 4 years Old. Born in UK and have one extension before expiring on 20 Feb 2019.

What if Caseworker ask me same question and I reply that I would apply under Section 1(3) and they may raise question that child would be overstayer or illegal when her Visa would expire on 20th Feb and my ILR is still pending.

Can you help how can I tackle such situation and reply case worker. Just been cautious to avoid any mishap or should I put her application as well before her visa expires? Please let me know. Much appreciated. Thanks