Child born in the UK

[rukmesh]

Seniors, please advise
Please see my timeline below
I came to UK on a Tier 1 Visa
Visa stamped Date 08-Sep-09 to 08-Sep-12
Arrived in the UK 10-Jul-2010
My son was born in UK on 15-Feb-2011
Applied for extension in 2012 and included my son as we were travelling to India.
Visa extended for all of us (including my son) upto 08-Sep-2014

I am going to apply for my another extension in Sep-2014 (because I came to UK after 10 months of my visa start date).


My question is
1. Can I exclude my son from visa extension ? He would not be travelling abroad anywhere after his current leave to remain expire (in sep'2014) but because he was born here, he has automatic leave to remain here. Right ?.
2. In July-2015, I would be applying for my ILR. Can I exlude my son in that application as well?
3. These above questions are important as they will save me a lot of money.

Please advise me if I am missing out on anything and if I can directly apply for my son for British citizenship when we get the the ILR in 2015.

[UKBALoveStory]

See here

[vighneshsawant]

I have a query on opting a visa for my new born child. I am expecting 2nd tier 1 extension on October 13 and ILR on November 14.

I am looking forward for ILR for my child. In this case I have to opt visa for him first. We are not planning to travel to home country now. Should I opt a visa for him during our second extension and then ILR?

Your kind response will be highly appreciated.

Thanks

[rukmesh]

@tahirnaveed. Would it not have been good if you could have replied to me point to point rather than posting a link ?

I have read the link that you have provided. Thanks .. !!

[vighneshsawant]

I could not find solution in attached link.

Can anybody please advise on my query?

Thanks

[uday2509]

If you are not leaving the country then you dont have to include the baby in your Tier1 extn application, once you get the ILR then you can apply for the baby's British passport.

All the Best,
Uday.

[vighneshsawant]

Uday, thanks for feedback.

Please advise in case I would go for ILR for my child. He should have a valid visa while applying for his ILR. Please suggest if I am wrong.

Should I apply for his visa on immediate basis or during our 2nd extension / ILR? I am looking for possibility to save on his visa fees.

Regards

[uday2509]

You don't need to include him in any of those applications..child born in this country is never an over stayer...Once your ILR is sorted, then you can apply for his passport.

Regards,
Uday

[vighneshsawant]

Once my ILR is over, can I apply for his ILR directly (not for a British Passport)? At that time, he will not have any visa.

Regards

[nehagharge]

Once my ILR is over, can I apply for his ILR directly (not for a British Passport)? At that time, he will not have any visa.

Regards

You child does not need visa if he is not travelling nor u need to include him in ur application. Once u get ILR u can apply for british passport for ur child.

hope this helps

[vighneshsawant]

I have received all replies for my child's british passport. However I would like to check in case I have to apply for ILR for my child instead of british passport Can you please advise?

Regards

[uday2509]

I dont know what exactly you are trying to achieve, why do you make things complicated...when he is eligible for British Citizenship why you are worried
about his ILR.

My advice is get his British passport and apply for OCI( Overseas Citizen of India) card.

Hope that helps..

Thanks,
Uday

[vinny]

Once my ILR is over, can I apply for his ILR directly (not for a British Passport)? At that time, he will not have any visa.

Regards

If child previously had leave to enter/remain, then no. Else, yes.

[rukmesh]

Some people in this thread have a habit of replying in short and while trying to do that they are creating more confusion. Would it not have been good if people can be more precise. Some people are precise (Thanks guys for being clear and precise).

I will try and summarize what some are saying. Please correct me if I am wrong.

A Child who is born in UK, does not need any visa/ILR if he is not going out of the country. The child can apply for British Citizenship once either of his parents get ILR.
A child born in the UK is "never" a over stayer even if his current leave to remain expires and he/she does not extend it.

I hope this thing resolves some queries of others too.

[vinny]

A child born in the UK is "never" a over stayer even if his current leave to remain expires and he/she does not extend it.

This is incorrect. A person is an overstayer by definition, if his/her current leave expires and he/she does not extend it, while remaining in the UK.

However, overstaying is irrelevant to a UK-born person's subsequent entitlement to register as a British citizen.

[shahjee11]

A child born in the UK is "never" a over stayer even if his current leave to remain expires and he/she does not extend it.

This is incorrect. A person is an overstayer by definition, if his/her current leave expires and he/she does not extend it, while remaining in the UK.

However, overstaying is irrelevant to a UK-born person's subsequent entitlement to register as a British citizen.

I think moderator's comments dont make any difference. the point OP has made is more clear and simple that a UK born child can not be called an over stayer

[rukmesh]

Thanks guys.
I understand it now. If someone had answered my question right away in simple words (rather than posting links to read through), this discussion would have not dragged so long. Be it moderator or anyone, the point I want to make is that this is such a good forum and let's help each other rather than confuse each other. I know some guys are too much experienced and they think they are smart by posting links and letting others read through it. Anyways. my question is answered.

Cheers

[vinny]

A child born in the UK is "never" a over stayer even if his current leave to remain expires and he/she does not extend it.

This is incorrect. A person is an overstayer by definition, if his/her current leave expires and he/she does not extend it, while remaining in the UK.

However, overstaying is irrelevant to a UK-born person's subsequent entitlement to register as a British citizen.

I think moderator's comments dont make any difference. the point OP has made is more clear and simple that a UK born child can not be called an over stayer

It's complicated for ILR applications. They may refuse overstayers under 319J(i), if they don't consider 304-309.

[ouflak1]

How can a child born in the UK, who has never left the country, be considered an overstayer? As far as I'm aware, there are no passport control personnel in the delivery rooms of non-citizen parents waiting for baby to pop out of the womb! Would your date of entry be considered your birthday?!? Would they stamp that somewhere?

Also, have the rules changed recently? Certainly my daughter who was born in the UK got ILR no problem as my dependent. She had no visa whatsoever, just a birth certificate and a charming little smile. That was about 4 years ago.

Have they initiated a new requirement that people applying for ILR now have a valid visa at the time of application? This seems like this would have a big effect far reaching beyond children born in the UK (for example 14 year overstayers, people moving back to the UK who previously had ILR, extremely high value applicants, etc...). Or is this just a weird Tier 1 specific requirement?

[vinny]

If an UK-born child had never previously applied for (nor been granted) leave, then you are correct; said child cannot be an overstayer.