ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

BC for UK born child with limited UK visa

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Baby born in UK visa question

Post by HBBB » Thu Sep 17, 2020 12:41 am

Hi Everyone
My wife and son are my dependents as Tier2(general) we have been here for near 6years. My wife and I are waiting for our ILR decision. My son was born here 2 years ago and he has T2 dependent visa that runs out in dec 2020.
We didn’t include him in ILR application on the hope that we would be granted before Dec and apply for British nationality for him directly because he was born here. My questions are:
1- is it legal he stays in Uk after DEC 2020 while he has not applied for any visa extension? (Is it still an option that babies born in UK can apply for British Nationality when their parents are granted ILR?)
2- will there be any issues if apply for British nationality for him when get out ILR and while his current visa has expired?
3- any other way to save some money during this pandemic? A cheaper way of extending his visa until he is eligible for British nationality?

Many Thanks in Advance

vinny
Moderator
Posts: 33205
Joined: Tue Sep 25, 2007 8:58 pm

Re: Baby born in UK visa question

Post by vinny » Thu Sep 17, 2020 1:14 am

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.

HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

BC for UK born child with limited UK visa

Post by HBBB » Mon Nov 23, 2020 4:31 am

Hi All

My wife and I are just got our ILR and our UK born son has become eligible for BC. I didn’t include him as my dependent in ILR application so his current dependent visa will expire on 20 Dec 2020. ( just like mine before ILR)
If I apply on his behalf for BC, it will take longer than end of his current visa to get an answer. Is his residence in UK legal while we are waiting for an answer? He is 2years old now.

Many Thanks in advance.

User avatar
CR001
Moderator
Posts: 87639
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: BC for UK born child with limited UK visa

Post by CR001 » Mon Nov 23, 2020 5:00 am

A UK born child doesn't need a valid visa to be able to register as British. They have an entitlement to register once either parent is granted ilr.

There is no issue.

Edit : topics merged. You were already advised of this in September when you asked with links provided by vinny!.
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.

HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Re: BC for UK born child with limited UK visa

Post by HBBB » Mon Nov 23, 2020 11:23 am

Thanks
Last edited by HBBB on Mon Nov 23, 2020 11:25 am, edited 1 time in total.

HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Re: BC for UK born child with limited UK visa

Post by HBBB » Mon Nov 23, 2020 11:24 am

CR001 wrote:
Mon Nov 23, 2020 5:00 am
A UK born child doesn't need a valid visa to be able to register as British. They have an entitlement to register once either parent is granted ilr.

There is no issue.

Edit : topics merged. You were already advised of this in September when you asked with links provided by vinny!.
Many Thanks. Yes, then I had a lot of time but know it’s only few weeks. I had following question that nobody replied later in that thread.
My son is not allowed to leave/enter the country between the time that his current visa expires and when he receives a BC answer. Is this correct?

Also the FM mentioned he might be considered over stayer if we do this.

Thanks

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: BC for UK born child with limited UK visa

Post by CULLINAN » Mon Nov 23, 2020 5:15 pm

The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Re: BC for UK born child with limited UK visa

Post by HBBB » Tue Nov 24, 2020 11:36 pm

CULLINAN wrote:
Mon Nov 23, 2020 5:15 pm
The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Thank you very much. Finally I understand it. Is that mean I can apply for BC even after his current visa expires?

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: BC for UK born child with limited UK visa

Post by CULLINAN » Wed Nov 25, 2020 12:14 am

HBBB wrote:
Tue Nov 24, 2020 11:36 pm
CULLINAN wrote:
Mon Nov 23, 2020 5:15 pm
The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Thank you very much. Finally I understand it. Is that mean I can apply for BC even after his current visa expires?
Yes.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Re: BC for UK born child with limited UK visa

Post by HBBB » Mon Nov 30, 2020 3:17 am

CULLINAN wrote:
Wed Nov 25, 2020 12:14 am
HBBB wrote:
Tue Nov 24, 2020 11:36 pm
CULLINAN wrote:
Mon Nov 23, 2020 5:15 pm
The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Thank you very much. Finally I understand it. Is that mean I can apply for BC even after his current visa expires?
Yes.
Do you by any chance know any health insurance that will cover nhs costs?

HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Re: BC for UK born child with limited UK visa

Post by HBBB » Tue Dec 22, 2020 1:36 am

Hi Everyone

I have a coupe of questions about my son’s application. Everything is ready and I’m awaiting to be able to book an appointment for biometrics.

1- I made the payment today that is 1 day before his current visa expires. Is his presence in UK legal until he gets a decision? (He is 2.5years old born in UK)

2- for my ILR application (T2(G) route) I was offered to use IDV app. He had a brp. Do I still need to book a physical appointment?

3- one of referee declarations from a dentist was sent to me digitally. I.e. scanned document. Do I need to ask her to post the original and take to any physical appointment that I could book?

I would appreciate if anyone help me with a health insurance if he is not covered.

As always, Many Thanks in advance.

User avatar
CR001
Moderator
Posts: 87639
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: BC for UK born child with limited UK visa

Post by CR001 » Tue Dec 22, 2020 8:18 am

1. No. You are not making an immigration application that triggers section 3C protection. MN1 is under nationality laws. A UK born child has an entitlement to register and does not need a valid visa to do so. It does not however make the child's stay legal by applying for MN1.

2. You have to book an appointment with UKCVAS.
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.

Locked