Need to extend dependent visa for my UK born kid with EC?

[jameson]

Dear ALL
I have a question regarding whether I need to extend Tier 2 dependent visa for my UK born kid with entry clearance?
My kid was born in UK. She went to my native country and obtained entry clearance. Now I need to extend my Tier 2 visa because the current one is going to expire. My kid's dependent visa will expire at the same time. My question is: Do I need to extend my kids' dependent visa?

I will be eligible for ILR next year and I do not intend to travel outside UK with my kid before getting my ILR.

If I do not extend my kid's dependent visa, will there be any problem for my kid to apply for ILR next year (I do not plan to register my kid as British citizen after my getting ILR)?

Best regards
Jameson

[vinny]

Extension required, as child's ILR will be subject to 319J(i).

[jameson]

Extension required, as child's ILR will be subject to 319J(i).

Thanks for your reply, vinny.

319J(i) states
(i) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days will be disregarded.

If this applies, it means my daughter will break immigration laws if I do not extend her visa and her stay will be unlawful.

The IMMIGRATION DIRECTORATES' INSTRUCTIONS states that
This section relates to children born in the United Kingdom on or after 1 January 1983 who are not British citizens because, at the time of their birth, neither of their parents was a British citizen or settled here. Such children do not have the right of abode and are subject to immigration control. They are not here unlawfully, however, and are not required to apply for leave to remain

Does this apply to UK born children who have not had any leave only?

[vinny]

It's complicated.

Once a UK born child had been granted leave, then said child is subject to the conditions of the given leave and any consequences of overstaying.

[jameson]

It's complicated.

Once a UK born child had been granted leave, then said child is subject to the conditions of the given leave and any consequences of overstaying.

Dear vinny, thank you very much for the informative link.

Reading through the linked posts, I conclude that
1. UK born children with leave have to extend their leave, otherwise their stay is considered as overstay. Their overstay will put their ILR application in risk.

2. overstayed UK born children are entitled to citizenship registration and their registration should not be refused.

Please could you confirm the above two points?

I am wondering whether an overstayed UK born child will be required to leave UK? Or whether their parents will be punished for their overstay?

Thanks in advance.

[vinny]

I would agree with the 2 points.

I don't think the UKBA will do anything against an overstayed UK born child.

[jameson]

I would agree with the 2 points.

I don't think the UKBA will do anything against an overstayed UK born child.

Wow, vinny, you are my super star.
Thank you so much for your quick, informative, intelligent and professional reply.

I am curious to ask you that are you working at UKBA?

[vinny]

I am curious to ask you that are you working at UKBA?

No.