ILR for baby born in UK

[TechITLondon]

I am the main applicant and came to UK with Tier 1 Visa and my wife joined with me later as dependant.
We both have now ILR.

Baby was born here in UK and currently baby is having 'Leave to Remain' visa. Now we want to apply ILR for our child. I have few queries for applying ILR for my baby.

Queries:
1. Which form we need to use for apply ILR as our child is born in UK SET(O) or SET(M)?
2. Current 'Leave to Remain' for baby is valid till 25-November-2024, can we apply now in June-2024 or i have to wait till 28 days before 25-November-2024 to apply for ILR?
3. If we apply now in June-2024, can baby travel outside UK while the decision is made or Not to travel until ILR is approved?

Thanks.

[CR001]

The child can be registered as Britain on form MN1 and does NOT need ILR.

[TechITLondon]

Thanks for the reply.
Yes, child can be registered as British but I don't want to get in to that route to apply for British Citizenship as i am planning to leave UK in another 4 years.

As me and wife are in ILR status, i want ILR for our child too.

Queries:
1. Which form we need to use for apply ILR as our child is born in UK SET(O) or SET(M)?
2. Current 'Leave to Remain' for baby is valid till 25-November-2024, can we apply now in June-2024 or i have to wait till 28 days before 25-November-2024 to apply for ILR?
3. If we apply now in June-2024, can baby travel outside UK while the decision is made or Not to travel until ILR is approved?

[zimba]

Thanks for the reply.
Yes, child can be registered as British but I don't want to get in to that route to apply for British Citizenship as i am planning to leave UK in another 4 years.

As me and wife are in ILR status, i want ILR for our child too.

Queries:
1. Which form we need to use for apply ILR as our child is born in UK SET(O) or SET(M)?
2. Current 'Leave to Remain' for baby is valid till 25-November-2024, can we apply now in June-2024 or i have to wait till 28 days before 25-November-2024 to apply for ILR?
3. If we apply now in June-2024, can baby travel outside UK while the decision is made or Not to travel until ILR is approved?

The child can be registered as British, without any of the parents becoming British. If you want ILR for the child, then the child could have already been included in the ILR application of the parent who settled last. Why did you not do that ??

1. None of them, use form SET(F)
2. The child's visa expiry is irrelevant. A child can settle when both parents settle.
3. When you have a pending immigration application, you should NOT leave the UK. Otherwise, the application will be considered automatically withdrawn

[TechITLondon]

The child can be registered as British, without any of the parents becoming British. If you want ILR for the child, then the child could have already been included in the ILR application of the parent who settled last. Why did you not do that ??

Child was born after both parents ILR issued.

Just to confirm, currently both parents are having ILR and my child was born in UK after both parents got ILR and the child is currently having 'Leave to Remain' permit which is valid till October-2024.

As i don't want to apply British Citizenship or RoA for my child though the child is eligible for it and since i want to apply ILR for my child i have to use the SET(F) form, correct? Please confirm.

[CR001]

currently both parents are having ILR and my child was born in UK after both parents got ILR and the child is currently having 'Leave to Remain' permit which is valid till October-2024.

If your child was born in the UK AFTER either parent got ILR, then the child is automatically British and should not have applied for or been granted a visa.

What date did you get ILR?

What date was the child born?

[TechITLondon]

I got ILR on Feb 2015.

Child was born on November 2021.

[zimba]

I got ILR on Feb 2015.

Child was born on November 2021.

The child was British at birth, how did that child get a visa ??? This is a massive error on the part of home office it seems

[TechITLondon]

Though my child is eligible for Citizenship and RoA and since i dont want either of these for my child i applied for ILR application.

Since both parents are already having ILR they said they are issuing me first 'Leave to Reman' permit and asked me to apply for ILR before the expiry of the current permit.

So, i dont want to correct anything from Home Office or get British Citizenship or RoA.
I want to apply for ILR for my child now. Please let me know which application form i need to use SET(O) or SET(M) or SET (F)?

Thanks.

[CR001]

Though my child is eligible for Citizenship and RoA and since i dont want either of these for my child i applied for ILR application.

It is not about being 'eligible'. The child IS already British by birth automatically.

You were advised incorrectly. The visa application should have been rejected. A British citizen cannot hold a visa as a British citizen is not subject to immigration control.

Did you apply for this visa within the UK or from abroad?

[zimba]

Though my child is eligible for Citizenship and RoA and since i dont want either of these for my child i applied for ILR application.

Since both parents are already having ILR they said they are issuing me first 'Leave to Reman' permit and asked me to apply for ILR before the expiry of the current permit.

So, i dont want to correct anything from Home Office or get British Citizenship or RoA.
I want to apply for ILR for my child now. Please let me know which application form i need to use SET(O) or SET(M) or SET (F)?

Thanks.

CR001 is correct. It is not a matter of eligibility or your wants and wishes. If someone is British, they can't be granted a leave to remain of any form. That makes such a person subject to immigration control which is not lawful for a British citizen or someone with a right of abode in the UK. A British citizen cannot be granted ANY form of leave at all, neither limited leave to remain nor indefinite leave to remain

[TechITLondon]

Did you apply for this visa within the UK or from abroad?

Baby was born in Uk and i applied for ILR inside UK. I said them clearly that i dont want Citizenship or RoA and i want ILR like me and my wife.

So, they said the only option in this case is issue 'Leave to Remain' for now and then apply for ILR later.

[zimba]

Did you apply for this visa within the UK or from abroad?

Baby was born in Uk and i applied for ILR inside UK. I said them clearly that i dont want Citizenship or RoA and i want ILR like me and my wife.

So, they said the only option in this case is issue 'Leave to Remain' for now and then apply for ILR later.

And that was an error on their part as it is not up to what you want. That is what we are trying to tell you

[TechITLondon]

Thanks both of you for taking time to reply my post.
I will let you know the outcome for my child ILR application using SET(F) form.

Thanks.