British citizenship for UK born child and parents starting ILR application

[prabha2103]

Hi,

I have 2 questions and needs advice. Let me explain my scenario.

Myself, partner and my daughter entered UK on Skilled worker route "Dec 2018". We are now eligible for ILR next month and planning to process it. Also we had baby boy born in UK "Dec 2020" and took him Indian passport & Dependent visa as we didn't had ILR during his birth. Now we are planning to submit our ILR application.
1. Can we do ILR application only for 3 of us(Myself, partner and my daughter) and wait for decision and directly apply for British citizen for my son(as he is born in UK) after?
2. If so, my son current BRP expires same as us and what will happen until ILR decision is taken? Can I start his Citizenship application before ILR decision(after submitting ILR application)?
3. Or there any other options that suits(as the application costs are not cheap and also not to go against rules)

[manci]

Myself, partner and my daughter entered UK on Skilled worker route "Dec 2018". We are now eligible for ILR next month and planning to process it. Also we had baby boy born in UK "Dec 2020" and took him Indian passport & Dependent visa as we didn't had ILR during his birth. Now we are planning to submit our ILR application.

1. Can we do ILR application only for 3 of us(Myself, partner and my daughter) and wait for decision and directly apply for British citizen for my son(as he is born in UK) after?

1. No need to wait, you can apply for your baby son's ILR at the same time you are applying for the 3 of you. From immigration rule SW37.2:

Validity requirements for settlement as a dependent partner or dependent child of a Skilled Worker
(e) the applicant must be applying as a partner or child of a person (P) who:
(i) has made a valid application for settlement in the UK on the Skilled Worker route and that application has not been decided

2. If so, my son current BRP expires same as us and what will happen until ILR decision is taken?

2. Once you submit a valid application for ILR before your visas expire all 4 of you will be covered by section 3C but note that you must not travel while the applications are in progress. Also note that the 5 year residence requirement doesn't apply to your baby son.

Can I start his Citizenship application before ILR decision(after submitting ILR application)?

No. See Section 1(3) of the BNA: A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become
settled in the UK or become British citizens. So, after you obtained ILR your baby son can register immediately.

[prabha2103]

Thanks manci for your reply.
Basically I thought of avoiding 2 times charges if my son is eligible for BC registration moment I get my ILR.
Since I can start our ILR application by end of this month and current visa is expiring only on Dec 2023, only worried if I wait for my ILR decision before starting his BC registration.

[CR001]

It doesn't matter if the childs visa expires. The child does NOT need ILR. A UK born child is entitled to register as British once either parents gets ILR. The child does not need a valid visa for this entitlement to register. Not having a valid visa has NO effect on their entitlement to register as British if they are UK born.

What it does affect, is the free NHS use for the child once their visa expires, which they will not be entitled to, so plan accordingly and get health insurance if necessary.

[prabha2103]

Hi CR001,
Thanks for your reply. Now got clarity on the UK born child has no dependency on visa grounds.
I'll make sure to cover health insurance until I get ILR.