ILR and British registeration for children

anton75 · Post by **anton75** » Sun Mar 11, 2012 10:09 am

please advice
I am a professional and eligible for ILR, 2 questions please
1. when I apply for ILR can I apply for British citizenship for children under 18 who are born in UK ?
2. what is the time period for my spouse spent at any one time outside UK which would make her not eligible for ILR as a dependant ? if she is not eligible does this mean I can go ahead with my children?

Please advice. I would really appreciate for any assistance or info for me to look into.

Kind regards

anton

Post by **vinny** » Sun Mar 11, 2012 10:18 am

1. Children, previously born in the UK, will be entitled to register after you're granted ILR.
2. If she is a PBS dependant, then she should have lived with you in the UK for at least two years.

esmsi · Post by **esmsi** » Sun Mar 11, 2012 10:33 am

Which visa category you are Tier1?

If you tell little bit more , response will be more specific.

Everybody benefited .

anton75 · Post by **anton75** » Sun Mar 11, 2012 11:04 am

Dear esmsi/Vinny

thanks for the replies they are useful

I am tier 1 ( previously on HSMP), completed 5 yrs, my spouse also a professional but dependant has been on maternity leave with children back home.
I read somewhere here that my children are eligible for British registration, but when I spoke to a solicitor aid, they told me that my application should be accepted FIRST for ILR , but did not go into specifics which is obvious. If that is the case I just wonder should I and my spouse apply first and then apply for children, ?????
My question is if we both get ILR- what would the visa status for children ? ( they have permission until 12/2012 as my current Tier1 is only expiring in 12 /2012)

Dear Vinny
My spouse has lived with me more than 2 yrs in UK not continuous though. there were holidays where we all went back home, but the question is about her time spent back home during the maternity leave ??
my understanding is not more than 3 months at a strctch outside UK, not sure ??

Please advice

Anton

Post by **vinny** » Sun Mar 11, 2012 11:10 am

vinny wrote:1. Children, previously born in the UK, will be entitled to register after you're granted ILR.

How long has your wife been living with you in the UK?

anton75 · Post by **anton75** » Sun Mar 11, 2012 11:20 am

Dear Vinny
Since 2006 she was a dependant .

Regards

Anton

Post by **vinny** » Sun Mar 11, 2012 11:35 am

She should be okay then.

anton75 · Post by **anton75** » Sun Mar 11, 2012 1:02 pm

Dear all
Thanks for the info very useful
I did follow these links which were useful

http://www.immigrationboards.com/viewto ... 293#368293

http://www.immigrationboards.com/viewto ... ht=#335301

I think I got what I am looking for except one last question - In the worse case scenario if my spouse is not eligible for ILR as a dependant ( i read the rules saying that she will be given a temporary residency up to 27 months), WILL I BE ABLE TO GET THE BRITISH REGISTRATION FOR MY CHILDREN BEING THE FATHER WHO GOT THE ILR???? and

will i have to pay another fee to home office for a separate application ??

please advice

anton

esmsi · Post by **esmsi** » Sun Mar 11, 2012 2:04 pm

You get some idea from my post.
http://www.immigrationboards.com/viewtopic.php?p=603815

Also FAQ
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 non-travelling 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.

Q - Do I need to include my UK-born minor child in my settlement application?
A - You may, if you wish to (example 1 below) or if your circumstances / plans may warrant so (example 2 below).
e.g. -
1. If you are uncertain of the success of your settlement application and your current leave is expected to expire while the settlement application is being considered, then you may choose to include the child as your dependant when applying for settlement - to have (false) peace of mind that your child may also have the same appeal status as you (I say false because a UK-born child does not need any leave to "remain" in the UK).
2. If you wish to travel abroad with the child soon after you receive settlement and do not have the time to apply for child's registration and British passport (and receive these documents) before you travel.

anton75 · Post by **anton75** » Sun Mar 11, 2012 3:47 pm

Dear esmsi

thank you so much I am now more than convinced about how to apply for children when I did not have even the slightest idea during start of today.

Moreover I found out that either father or mother has ILR the children can have the British registration from

http://www.legislation.gov.uk/ukpga/1981/61/section/1

Just one last clarification about my wife being away from UK, I mean the maximum number of days allowed to be eligible for ILR as a dependant ??

Please advice or info for me to look for

Kind regards

Anton

dimsav · Post by **dimsav** » Sun Mar 11, 2012 4:07 pm

anton75 wrote:Just one last clarification about my wife being away from UK, I mean the maximum number of days allowed to be eligible for ILR as a dependant ??

There is no such a restriction for the dependants.
However, you will need to provide proof of cohabitation in the UK covering the last two years.

anton75 · Post by **anton75** » Sun Mar 11, 2012 6:18 pm

Dear dimsav + all

Much appreciated, I think I got almost all my answers really pleased.

Please correct if I wrong the supporting documents are

12 months payslips
12 bank statements
P60 (? is it a must)
letter from the employer
HSMP letter
life in the UK certificate
AM I MISSING SOMETHING for submission ????

kind regards

Anton

anton75 · Post by **anton75** » Sat Mar 17, 2012 10:43 pm

Dear all
Please advice - I understand that I can go for British registration for my children born in UK if I am eligible for ILR.

Just one question if they have been in and out of UK and have the dependant visas in their overseas passports, will still they be eligible for citizenship if I get the ILR stamp ??? its urgent pls advice

regards

Anton

Post by **vinny** » Sat Mar 17, 2012 11:04 pm

vinny wrote:
vinny wrote:1. Children, previously born in the UK, will be entitled to register after you're granted ILR.

Do click on links for more info.

anton75 · Post by **anton75** » Sun Mar 18, 2012 9:49 am

Hi Vinny
Do appreciate your reply and contributions in this forum. I think I got the answer.

Regards

Anton

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR and British registeration for children

ILR and British registeration for children

hi

Hi

hi

hi

Re: hi

hi

please advice

hi vinny