Clarification on Child's Visa Status During Citizenship Application

[Yang126]

Hi,

I have received my ILR (5-year Tier 2) today, and my child was born in the UK. I am planning to apply for citizenship for her, as her current Tier 2 dependant visa will expire on 13th October.
Does anyone knows that whether submitting the citizenship application before her visa expiration date allows her to remain legally in the UK while we await a decision on her application?

Thank you in advance for your advice
Yang

[CR001]

Does anyone knows that whether submitting the citizenship application before her visa expiration date allows her to remain legally in the UK while we await a decision on her application?

No it does not. Citizenship is NOT an immigration application. Once her visa expires, she becomes an overstayer but this has NO impact on her entitlement to register as British as she is UK born.

Free NHS use won't be permitted so plan accordingly.

[Yang126]

Does anyone knows that whether submitting the citizenship application before her visa expiration date allows her to remain legally in the UK while we await a decision on her application?

No it does not. Citizenship is NOT an immigration application. Once her visa expires, she becomes an overstayer but this has NO impact on her entitlement to register as British as she is UK born.

Free NHS use won't be permitted so plan accordingly.

Thank you for the reply. Does that mean we'd better to extend her visa firstly? I am worried that she will not eligible to go to school.

[CR001]

She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.

[CR001]

Do NOT delete your posts!!!

Non English text removed by moderator：

---

**Subject: Inquiry Regarding Potential Impact of Unsuccessful Citizenship Application**

Dear [Recipient's Name],

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

It is HIGHLY unlikely that the application will be unsuccessful. A UK born child has an entitlement to register as British!!

[Yang126]

She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

[CR001]

Do NOT delete your posts!!!

Non English text removed by moderator：

---

**Subject: Inquiry Regarding Potential Impact of Unsuccessful Citizenship Application**

Dear [Recipient's Name],

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

It is HIGHLY unlikely that the application will be unsuccessful. A UK born child has an entitlement to register as British!!

She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

[Yang126]

Do NOT delete your posts!!!

Non English text removed by moderator：

---

**Subject: Inquiry Regarding Potential Impact of Unsuccessful Citizenship Application**

Dear [Recipient's Name],

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

It is HIGHLY unlikely that the application will be unsuccessful. A UK born child has an entitlement to register as British!!

She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

Thank you for the reply. It’s very helpful!

[Yang126]

She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.

The school contacted us that they will need some formal evidence of my daughter’s right to live and study in the UK whilst her application is being processed. They said the Home Office may issue an interim letter. Will we get this after we submit the application for the citizenship?

[contorted_svy]

citizenship applications are not immigration applications - if child's visa expires section 3c doesn't apply, so she won't have a valid immigration status.

[Yang126]

citizenship applications are not immigration applications - if child's visa expires section 3c doesn't apply, so she won't have a valid immigration status.

So we have to extend her visa firstly to let her go to school and then register her the citizenship?

[contorted_svy]

That I know, children have a right to go to school regardless of their visa status. This is something you have to resolve with your child's school.

[Ticktack]

citizenship applications are not immigration applications - if child's visa expires section 3c doesn't apply, so she won't have a valid immigration status.

So we have to extend her visa firstly to let her go to school and then register her the citizenship?

The school does not need to know the immigration status or nationality of a child. As child was born in the UK, show them the birth certificate of the child. That should halt all questions.

[Yang126]

Thank you all for the advice! I really appreciated. I will talk to the school.