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Baby due in March. How soon can I apply for ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ilrcitizen
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Baby due in March. How soon can I apply for ILR?

Post by ilrcitizen » Mon Jan 31, 2022 1:05 pm

Hello All,

Context -

My Spouse and I are on separate Tier 2 General Visa. My child (7yo) is here as a dependent on my Visa. We are now applying for ILR and are also expecting a baby end of March.

Timelines -

For all 3 i.e. Spouse, Child and Self

1st T2G Visa and Leave to Enter granted from: 25 Mar 2017
Date first UK entry: 4 Apr 2017

Based on the above - I am assuming

Date I can apply for ILR (28 days before 5 year period): 25 Feb 2022 (Can somebody help confirm this?)

Separately, Baby due date: 25 Mar 2022

Questions

1. Is there any benefit to the new baby's citizenship status in Britain if ILR is granted before birth?
2. What does ILR granted before birth means - Should I have received BRP card before birth or only the decision?
3. If ILR is not granted before birth - what travel document should I apply for the new Baby? Indian Passport or can I apply for a British Passport and how?
4. Assuming I apply for ILR AND manage to get Super Priority Service AND get an appointment for biometrics before baby's birth - Sounds like a big assumption and looks a bit tight?
5. Am I allowed to apply for ILR earlier(even before 28 days?). Is the online form submission date is the application date or biometrics appointment date is considered as application date?

Thanks in advance!

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zimba
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Re: Baby due in March. How soon can I apply for ILR?

Post by zimba » Mon Jan 31, 2022 2:56 pm

Yes you can apply on that date

1. A baby born to an ILR holder in the UK will be automatically British at birth. You apply for his/her British passport directly
2. Date of decision.
3. Baby will have an entitlement to be registered as British. You need to use form MN1. When citizenship is granted and he/she is registered, then you can apply for her/his British pasport.
4. All depends on the availability
5. Yes. For ILR, the date of ILR decision is used to calculate eligibility. So you can apply early and book the appointment on the day you are eligible
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ilrcitizen
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Joined: Mon Jan 31, 2022 11:27 am
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Re: Baby due in March. How soon can I apply for ILR?

Post by ilrcitizen » Mon Jan 31, 2022 5:44 pm

Thank you Zimba for the help and the prompt reply!

> So you can apply early and book the appointment on the day you are eligible

Just to confirm, this means I can apply, for e.g., anytime starting today and try and get an appointment after 25 Feb 2022 (i.e. 28 days before 5 year period actually completes). Is this alright? Do people generally do this or why don't more people do this? Are there drawbacks to applying early as the online form says that do not apply before 28 days? Are there any possibilities of application being rejected for applying early?

Deeply appreciate your time and responses!

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zimba
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Re: Baby due in March. How soon can I apply for ILR?

Post by zimba » Mon Jan 31, 2022 6:16 pm

The advice is to apply when eligible. However, there is nothing that prevents you from applying early and getting ILR when eligible as the UKVUI will use the date of decision if it is beneficial to the applicant. This is clear as per UKVI's own guidelines: indefinite-leave-to-remain/4-days-short ... l#p1794428
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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