MN1 applied, but Dependent Child BRP is about to expire

[cadhruvalnv]

Hi All,

I have gone through comments on similar topics in different forums here.

However, I am still raising this point, as I called the home office and they informed me that I need to extend my Son's dependent visa, and if it's not done, it may impact his MN1 application.

Seek guidance from experts.

My son's case is,
Son born in UK in January 2020.
I got an ILR on August 2023.
I have applied MN1 for my Son i.e. Registration as a British Citizen on 08-Jun-2024.
MN1 Status as of 23-Jul-2024 --> In Progress

Dependent Visa Leave to Remain to expire in 1st week of August 2024.

My question are as follows,

1) Is there any impact on the MN1 application if we don't extend the visa (or) miss the extension due to the non-availability of appointments?
2) What are the consequences of overstay apart from NHS and travel restrictions? Any impact on Schooling? Will he be deported?
3) Is there any route to apply for extension for shorter period which is cost effective? As currently if I apply Dependent child visa extension it will cost around £3000 (IHS 1960+Visa fees 1050 approx.)

Your valuable inputs will be highly appreciated.

Thank you!

Best Regards,
Dhruval

[CR001]

1. No impact.

2. No impact.

3. You don't need an extension.

The call centre is outsourced to a third party agency, you are NOT speaking to ukvi staff. The call centre gives out incorrect information all the time.

A UK born child's has an entitlement to register as British. They do not need a visa to do this.

[contorted_svy]

Suggest you apply for private insurance just in case he needs medical care while the application is being processed, but other than that no issue.

[cadhruvalnv]

Thanks a lot for your response @CR001 and @contorted_svy for your input and help.

To close the thread, I also consulted one Solicitor/Immigration Lawyer and he also suggested the same thing i.e. No need to go for an extension.

A child born in the UK is entitled to register as a British Citizen as per the following law (the British Nationality Act 1981),

Section 1(3)
Entitlement to Register as a British Citizen:
A child born in the UK who is not a British citizen at birth may be registered as a British citizen if, while they are a minor:
One of their parents becomes a British citizen or acquires settled status (ILR).
The application for registration is made while the child is still under 18.

This law does not say anything about the requirement of having any type of Visa.

However, if the Visa expires then still following points are still valid,

1) NHS expenses to be born by us
2) Not travel out of the UK. Otherwise, you can come back only after getting a valid visa or British Passport.

I hope this will help everyone who is in the same situation.

Closing this thread.

Regards,
Dhruval

[vinny]

Correct.