Can I skip ILR for my son who was born outside the UK

[Keyrun]

Hi all,

I am sure someone would have asked this question. Lack of time is forcing me to start a new topic. Hope you can help.

I will soon be applying for ILR. My question - Can I skip ILR for my son who was born in India in 2008. I have been told that I can skip ILR for my son and directly apply for naturalisation process but does he qualify for it as he is not an UK born child.

Thanks in advance.

Regards,
Kiran
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PS:This is what I have read on IB.

Q - Does my UK-born child qualify for british citizenship? Can I skip ILR for my child?
A - Child born in UK before either parent is granted settlement: There is no requirement for a UK-born-child to be included in the settlement application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status. Whether the child has a passport or not, has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - is all immaterial. If you do not include the child in your settlement application and the child's current leave expires before he/she becomes entitled to be registered as British citizen, the overstay won't affect the child's entitlement for British citizenship, if/when you're granted ILR.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.

[Jambo]

ILR is not required for a child applying for registration as a BC regardless of his place of birth.

However, in case the child was born outside the UK, it's a application under section 3(1) which is subject to discretion. If the child is not living in the UK then it would be difficult to claim his connection to the UK and that his future lies here.

If the child is in the UK already, then he can only apply for registration together with you which might be in a year time.

[Keyrun]

Thanks for your reply Jambo. Appreciate it.

However, I am still confused of weither my son can skip ILR when we apply for it in next 2 weeks.

Thanks again.

Regards, Kiran

[Jambo]

In short - it is not required for BC application but might be needed for him to stay in the UK.

You will need to provide more information if you want a definite answer - How old is your son? Does he live in the UK or somewhere else? Are you married to a British Citizen (I guess not as you said "we apply for ILR")?

[Keyrun]

Hi there,

My son is with us in the UK and he is 3 and half years old. I am not married to British citizen.

Please let me know if you need more information.

Thanks
Best regards
Kiran.

[vinny]

He is not entitled to register for British citizenship after you're granted ILR. Therefore, he shouldn't skip ILR.

[Jambo]

From your other posts, I believe he is a Tier-1 dependant and as such would need to apply for ILR together with you.

He can apply for registration as British Citizen when you (or your wife) apply for naturalisation.

[Keyrun]

Thanks to Vinny and Jambo for information.

I assume he cannot skip ILR only because he was born outside of the UK. Apparently for the children born in the UK can skip ILR. My original post had some information on those lines.

Anyway, thanks for your time.

Best regards, Kiran

[tier1_king]

Hi,

I have a similar situation.. My son was born in India , me and my family (wife & son) haveTier1 visa valid for another 2 years - until June 2017. However I (and wife) am eligible for ILR now.

Couple of questions :

1. Can I and my wife alone apply for ILR now ->then I become eligible for naturalisation next April 2016 -> so can I skip ILR for my son now and apply naturalisation for my son once I gets my BC / naturalisation next year ?

2. Can my son still stay in Tier 1 Dependant visa which is valid for another 2 years even though I am under ILR ?

Appreciate a speedy answer as I have to book an appointment tomorrow after which the fee rises.

(I find this situation rare as the minor dependant generally doesn't have a long validity as in my case but main applicant is still eligible for ILR)

Thanks very much !!

[fwd079]

Vinny gave answer already I believe.

[tier1_king]

Thanks for the response Fwd09, much appreicated.

Vinny's answer is as belows :
He is not entitled to register for British citizenship after you're granted ILR. Therefore, he shouldn't skip ILR.

Can you confirm if this still applies even if the child has a long valid tier 1 visa for another couple of years and he still can't skip ILR ??

[vinny]

It's risky to apply without ILR.