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Dependent Visa query for UK born child - ILR eligibility scenario

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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SKJ1984
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Posts: 213
Joined: Fri Jul 12, 2019 2:00 pm
India

Dependent Visa query for UK born child - ILR eligibility scenario

Post by SKJ1984 » Sat May 25, 2024 8:52 am

Hi members,

This is for my friend. Not for me.

Husband : healthcare Skilled worker
Start date : 13-Nov-2019 End date: 2-Nov-2024

Wife : healthcare SW
Startdate : Aug-2020. End date : Dec 2025. iLR eligible Sep 2025

Kid born in Feb 2024 in uk and now in India applying for dependent visa.

1. Should baby apply as a dependent for father whose ends in November 2024 and apply for citizenship in November. Or. Apply as a dependent of mother and apply for citizenship in Sept 2025 ?

2. Which end date will be given for child ? Least or most privileges parent ? Or Applying parent ?

3. Will the baby be eligible for citizenship when father gets ILR in Oct 2024?

4. Citizenship application takes few months. Even if citizenship application is made for baby before Nov 2. If visa granted based on father will baby become
Overstayer after Nov2 2024 ?

What is the best thing to do without multiple renewals and breaking law.

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CR001
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Re: Dependent Visa query for UK born child - ILR eligibility scenario

Post by CR001 » Sat May 25, 2024 11:45 am

1. Should baby apply as a dependent for father whose ends in November 2024 and apply for citizenship in November. Or. Apply as a dependent of mother and apply for citizenship in Sept 2025 ?
The father.
2. Which end date will be given for child ? Least or most privileges parent ? Or Applying parent ?
The child will only get a visa in line with the parent whose visa expires FIRST. That is what is stated in the immigration rules.
3. Will the baby be eligible for citizenship when father gets ILR in Oct 2024?
A UK born child has an entitlement to register as British once EITHER parent is granted ILR.
4. Citizenship application takes few months. Even if citizenship application is made for baby before Nov 2. If visa granted based on father will baby become Overstayer after Nov2 2024 ?
Yes, the child becomes and overstayer but this has NO effect on the childs ENTITLEMENT to register as British. NHS though, won't be free and will be charged at 150% of cost if the child has no visa. So plan accordingly to get medical insurance.
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.

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SKJ1984
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Posts: 213
Joined: Fri Jul 12, 2019 2:00 pm
India

Re: Dependent Visa query for UK born child - ILR eligibility scenario

Post by SKJ1984 » Mon Jun 03, 2024 12:54 am

Thanks CR. Much appreciated.

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