ILR - Children born in the UK

[gag285]

Hi

My current status is Tier 2 General with 3 dependants. I + my spouse will be eligible to apply for ILR from 01st Oct 2020. Our current Tier 2 leave expires on the 28th of Oct 2020.

I have two children both born in the UK. I applied for their Tier 2 leave just so they could travel outside the UK and re-enter. I am planning to apply for ILR with my spouse leaving the two children out. My knowledge is that I can register them as British citizens if and after my + my spouse's ILR is granted.

I know this topic has been discussed before and I kind of know the advice however I just got off the phone with my company's immigration consultants so asking it again.

Considering the fact that the priority application is suspended, it is likely that our ILR application will be pending on 28.10.2020. In short, my children are likely to be without a valid leave. The consultants suggested that their stay would become illegal at that stage(I know that's rubbish). They also said this could also lead to their BC application getting rejected. My thought is that they didn't need a leave in the first place to stay in the UK so their stay becoming illegal seems odd. However, by applying for a Tier 2 leave for them, have I created a situation where the rules blurr because technically the leave will expire.

Any ideas?

[CR001]

My knowledge is that I can register them as British citizens if and after my + my spouse's ILR is granted.

Correct, once EITHER spouse is granted ILR and has their ILR BRP card.

Considering the fact that the priority application is suspended, it is likely that our ILR application will be pending on 28.10.2020. In short, my children are likely to be without a valid leave. The consultants suggested that their stay would become illegal at that stage(I know that's rubbish). They also said this could also lead to their BC application getting rejected. My thought is that they didn't need a leave in the first place to stay in the UK so their stay becoming illegal seems odd. However, by applying for a Tier 2 leave for them, have I created a situation where the rules blurr because technically the leave will expire.

As is answered many times every week, a UK born child does NOT require a valid visa OR to hold ILR to be able to register as British. UK born children have an entitlement to register as British, i.e. cannot be refused. The 'consultant' is talking nonsense.

UKVI however will likely question about the children due to them previously applying for visas and therefore 'on the system', so to pre-empt this, add a covering letter stating that you will be registering the children as British once ILR is granted to either parent.

They won't have valid leave but this will not be a reason for a refusal. You will however, likely have issues with free NHS and have to pay for usage at 150% cost.

Your children will also lose their Indian citizenship from the date they become British.

[gag285]

Thank you so much. That's exactly what I was hoping to hear.

I was definitely going to include the situation with my children dependents and the plan to apply for BC in the cover letter. Infact, this is what prompted the consultants to give me a call as they never handled their Tier 2 (while they did mine and my spouse applications).

I will have Private Medical Insurance for my children to cover for unexpected medical bills for the period.

However, are the consultants right in mentioning that their stay after 28 Oct 2020 is not legal if no application is made for them by that date. I want to challenge it and save myself some money.

[CR001]

As you are not making an Immigration application for your child will have no legal status in the UK once their visa expires. Nothing changes that. However this does not affect their Citizenship application as they are UK born.

Note that a citizenship application is under different Nationality Laws to immigration rules. Citizenship application does not provide Section 3C protection and extend an applicants visa conditions while the citizenship application is pending.

[gag285]

Thank you CR001, I understand. I will take the chance and ignore the consultants. I think they are just trying to skim more money although I am not personally paying for ILR but paying for children's ILR doesn't seem right even with company's money.