Tier 1 Second Extension for Child born in UK

[UKBALoveStory]

Hello Friends,

I am due for second Tier 1 extension in March 2014 and will be eligible for ILR in December 2014.

Because of fee increase in April 2013, I am thinking of applying for 2nd Tier 1 extension in March 2013.

I have a UK born child who has Tier 1 visa which is running out with my mine. I got his the visa previously since we had to travel.
However, now we don't have any plans to travel until my ILR comes through.

I understand that if the child is born in the UK, he/she doesn't need a leave to remain. But in my case, he already has a Tier 1 visa and a BRP.
But in this case, do I need to apply for her extension along with mine, or can I wait till the ILR and get her British passport straightaway at that time.

I don't mind extending it if there is a legal obligation to do so and if it will cause any confusion with my ILR application four months down the line.

Also, could somebody point me to a link on UKBA website where this has been explained?

I would appreciate any help on this matter.

I have found Q31 http://www.immigrationboards.com/viewtopic.php?t=79378 on this site but unable to find any official UKBA link for that. Can anybody please point me towards the right direction.

Also, in your opinion is it safe not to apply for his visa which will make him overstayer for about 9 months (March 2014 TO December 2014)

Thanks[/url]

[Jambo]

You won't find an official statement that says a valid visa is not required. What you will find are the requirements to register a UK born child as British if either parent becomes settled (ILR). A valid visa is not a requirement.

9 months is a long period to be without a visa. It is not that the HO would come looking for your child but this means he will not to be able to travel back to the UK without a visa if suddenly you will need to travel. It will not affect your ILR application if he has no valid visa.

[UKBALoveStory]

You won't find an official statement that says a valid visa is not required. What you will find are the requirements to register a UK born child as British if either parent becomes settled (ILR). A valid visa is not a requirement.

9 months is a long period to be without a visa. It is not that the HO would come looking for your child but this means he will not to be able to travel back to the UK without a visa if suddenly you will need to travel. It will not affect your ILR application if he has no valid visa.

Thanks for clarification...

[kg_1218]

Hi Tahir,

I am also in the same situation as you.. my doubt is cleared now...Thanks

I have a query... I really don't prefer to get the British Passport for us (as well as my UK born child). In this case, what we should do for my uk born child after getting the ILR (for me and my spouse) if I want to travel abroad.

Thanks

[Jambo]

Hi Tahir,

I am also in the same situation as you.. my doubt is cleared now...Thanks

I have a query... I really don't prefer to get the British Passport for us (as well as my UK born child). In this case, what we should do for my uk born child after getting the ILR (for me and my spouse) if I want to travel abroad.

Thanks

If you don't plan to apply for your child registration as a British citizen, then you are not in the same situation.

Registering a UK born child as BC doesn't require legal status in the UK. That is why you can skip ILR or a visa extension for the child. It will not affect the child application if he becomes an overstayer.

However, in your case, you want to skip an extension and apply for the child ILR and not apply for registration as BC. In that case, the child would need a valid visa before applying for his own ILR.

[kg_1218]

Hi Jambo,

Let me explain clearly.

I have already taken Tier 1 dependent visa for my uk born child last year which would be valid till next year. I have to go for 2nd extension on June 2014 and ILR would be June 2015.

Can I apply ILR directly for my child along with us if I skip the 2nd extension only for my child?

[UKBALoveStory]

Hi Jambo,

Let me explain clearly.

I have already taken Tier 1 dependent visa for my uk born child last year which would be valid till next year. I have to go for 2nd extension on June 2014 and ILR would be June 2015.

Can I apply ILR directly for my child along with us if I skip the 2nd extension only for my child?

Nope, you can't. For ILR you need valid "Visa", for BC you don't

[kg_1218]

Thanks Tahir.

So you mean I can't skip the 2nd extension for my child???

I have a below scenario, please see if anyone can help me on this.

-Thinking to apply ILR for me and my spouse (not for my child)
-Go to my home country for work/settle after getting ILR
-In worst scenario, if I want to come back to UK before 2 years:
Can I apply BC for my child from my home country if we want to come back to UK for work/settle?

[UKBALoveStory]

Thanks Tahir.

So you mean I can't skip the 2nd extension for my child???

I have a below scenario, please see if anyone can help me on this.

-Thinking to apply ILR for me and my spouse (not for my child)
-Go to my home country for work/settle after getting ILR
-In worst scenario, if I want to come back to UK before 2 years:
Can I apply BC for my child from my home country if we want to come back to UK for work/settle?

Don't make things complicated.
If your son is born in UK and you have got ILR your son is entitled for BC and not for ILR.
If you apply for BC in UK, it will be simple process bt you can apply for BC from your home country.

[kg_1218]

Thank you Tahir for your time.

Actually we are thinking to go back to our country after completing my 5 years in UK. But in safer side I would prefer to take the ILR before moving, so I can come back to UK anytime with in two years.

In this case, to apply the ILR for my UK born child, he should have a valid visa I think. So I can't skip Tier 1 2nd extension for him. Please correct me if I am wrong.