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Parents applying for ILR with child born in UK - ILR for child too or citizenship?

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

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

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Zimo
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Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by Zimo » Thu Jul 13, 2023 10:58 am

Hi,
My wife and I are applying for ILR (5-year route). We're also putting our daughter who was born here 4 years ago in the UK on the application. Will our daughter get the citizenship automatically or would she also get ILR first?

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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by CR001 » Thu Jul 13, 2023 11:17 am

Will our daughter get the citizenship automatically
No, nothing is automatic. You have to apply to register her as British once either parent has ilr. There is a cost involved. The form is MN1. Please post your citizenship questions in the British citizenship sub forum.

british-citizenship/
would she also get ILR first?
She doesn't need ilr. You apply to register her as British once either parent has ilr..UK born children have an entitlement to register as British once either parent gets ilr.
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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by Zimo » Thu Jul 13, 2023 12:14 pm

Thanks for your reply, it's really helpful, but our visas (for all three of us) are expiring in mid-September which is why I was planning to add our daughter to our application. We should be applying in the beginning of August.
Would it then make sense then to apply together, or should the two of us (parents) first apply for ILR, and once we get it (hopefully before our daughter's visa expire), we apply to register her using the MN1 form?



p.s. please feel free to move the topic to british citizenship forum

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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by CR001 » Thu Jul 13, 2023 12:23 pm

A UK born child does not require a valid visa or ilr in order to be registered as British. They have an entitlement to register as British and there is no need to add her to your application, it is unnecessary.
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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by vinny » Thu Jul 13, 2023 1:16 pm

If she overstays, then she may have to pay for any chargeable NHS fees until she becomes British.

Consider getting adequate Health insurance cover for her instead of applying for leave to remain.
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.
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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by Zimo » Thu Jul 13, 2023 1:53 pm

Great, thanks a lot guys!

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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by hina_pirzada » Thu Jul 13, 2023 2:21 pm

vinny wrote:
Thu Jul 13, 2023 1:16 pm
If she overstays, then she may have to pay for any chargeable NHS fees until she becomes British.

Consider getting adequate Health insurance cover for her instead of applying for leave to remain.
Children born in the UK never ever considered as "Over Stayed". As CR001 suggested she doesn't need visa or leave to remain until or unless if you plan to take her out from the UK.

The best option is you can continue with your ILR application and once its been approved than you submit form MN1.

As far as concern about NHS I am not sure because your daughter is not a migrant. However for safe side obtain medical insurance.

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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by CR001 » Thu Jul 13, 2023 2:30 pm

hina_pirzada wrote:
Thu Jul 13, 2023 2:21 pm
vinny wrote:
Thu Jul 13, 2023 1:16 pm
If she overstays, then she may have to pay for any chargeable NHS fees until she becomes British.

Consider getting adequate Health insurance cover for her instead of applying for leave to remain.
Children born in the UK never ever considered as "Over Stayed". As CR001 suggested she doesn't need visa or leave to remain until or unless if you plan to take her out from the UK.

The best option is you can continue with your ILR application and once its been approved than you submit form MN1.

As far as concern about NHS I am not sure because your daughter is not a migrant. However for safe side obtain medical insurance.
The child holds a visa that expires in September, as the OP clearly stated, so the child is a migrant and once visa expires, child will not be eligible for free NHS.
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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by hina_pirzada » Thu Jul 13, 2023 3:25 pm

Thanks CR001 for the correction.

You are right. The child born in the UK only entitle free NHS / Medical for first 3 months.

Because the child hold the visa so consider as migrant.

So in my opinion medical insurance would be better.

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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by vinny » Fri Jul 14, 2023 2:25 am

hina_pirzada wrote:
Thu Jul 13, 2023 2:21 pm
Children born in the UK never ever considered as "Over Stayed". As CR001 suggested she doesn't need visa or leave to remain until or unless if you plan to take her out from the UK.
If a UK born child has never been granted leave that can expire, then that’s true. Else, a child in the UK with expired leave is an overstayer.
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.
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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by Zimo » Mon Jul 17, 2023 3:24 pm

vinny wrote:
Fri Jul 14, 2023 2:25 am
hina_pirzada wrote:
Thu Jul 13, 2023 2:21 pm
Children born in the UK never ever considered as "Over Stayed". As CR001 suggested she doesn't need visa or leave to remain until or unless if you plan to take her out from the UK.
If a UK born child has never been granted leave that can expire, then that’s true. Else, a child in the UK with expired leave is an overstayer.
The child is my dependent and I am on a skilled worker visa so it looks like she would be considered as an overstayer. If this happens, would we face difficulties in terms of her application for citizenship (once our ILRs are granted, and if that happens to be after her visa expires)? In that case, would it be better to apply for a visa (or ILR) for child before her current visa expires to avoid her becoming an overstayer?

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Re: Parents applying for ILR with child born in UK - ILR for child too or citizenship?

Post by vinny » Mon Jul 17, 2023 3:31 pm

A UK born child is entitled to register, irrespective of overstaying, immediately after a parent is granted ILR.
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.

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