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Applying for ILR for a UK born child

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Jo_Jo
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Joined: Fri Aug 16, 2013 11:25 am

Applying for ILR for a UK born child

Post by Jo_Jo » Fri Aug 16, 2013 11:36 am

Dear Friends,

Can anyone please clarify me on the following query.

I am currently having valid Tier1 general visa until July 2014.
I will be eligible for ILR on April 2014. I have a baby who is born in UK in July 2013. My question are:
1. Do I need to apply for his dependent visa while he is in UK?
2. Or can I directly apply for his ILR in April 2014?

Thanks

vin123
Member of Standing
Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Re: Applying for ILR for a UK born child

Post by vin123 » Fri Aug 16, 2013 11:42 am

Jo_Jo wrote:Dear Friends,

Can anyone please clarify me on the following query.

I am currently having valid Tier1 general visa until July 2014.
I will be eligible for ILR on April 2014. I have a baby who is born in UK in July 2013. My question are:
1. Do I need to apply for his dependent visa while he is in UK?
2. Or can I directly apply for his ILR in April 2014?

Thanks
Correct - apply dependent for now after he gets his passport then ILR route once you have qualified.

Jo_Jo
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Posts: 3
Joined: Fri Aug 16, 2013 11:25 am

Post by Jo_Jo » Fri Aug 16, 2013 11:53 am

Hi,

Thanks for your reply. So what I understood is, it is mandatory for me to apply for his dependenet visa first.

I was thinking I can apply for his Indian passport and since he is born in UK he can stay here until April 2014 without having a dependent visa and directly apply for ILR along with me in April 2014.

params0073
Senior Member
Posts: 533
Joined: Sun Mar 13, 2011 7:10 pm
United Kingdom

Post by params0073 » Fri Aug 16, 2013 11:58 am

Jo_Jo wrote:Hi,

Thanks for your reply. So what I understood is, it is mandatory for me to apply for his dependenet visa first.

I was thinking I can apply for his Indian passport and since he is born in UK he can stay here until April 2014 without having a dependent visa and directly apply for ILR along with me in April 2014.
If the child doesn't have the plan to travel outside UK then no need to apply for baby's visa. Baby can register as British after any of the parent get their ILR using MN1.Also no need for the Indian passport.

Param

vinny
Moderator
Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Aug 16, 2013 11:59 am

Non-travelling baby born in the UK do not need to apply for leave to remain.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

params0073
Senior Member
Posts: 533
Joined: Sun Mar 13, 2011 7:10 pm
United Kingdom

Post by params0073 » Fri Aug 16, 2013 12:00 pm

go through this :-

http://www.immigrationboards.com/viewtopic.php?t=79378

(FAQ question 29 to 32)

Jo_Jo
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Posts: 3
Joined: Fri Aug 16, 2013 11:25 am

Post by Jo_Jo » Fri Aug 16, 2013 12:05 pm

Thank you all for your replies.

vin123
Member of Standing
Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Fri Aug 16, 2013 12:24 pm

It is better to be safe in my view....

The reason being, he baby wont be allowed to board the aircraft without a passport. Same is the case from airports in India, i.e immigration clearance for the return journey.

So use your own judgement based on the your situation/plans till ILR next year and assess the risks...

params0073 wrote:
Jo_Jo wrote:Hi,

Thanks for your reply. So what I understood is, it is mandatory for me to apply for his dependenet visa first.

I was thinking I can apply for his Indian passport and since he is born in UK he can stay here until April 2014 without having a dependent visa and directly apply for ILR along with me in April 2014.
If the child doesn't have the plan to travel outside UK then no need to apply for baby's visa. Baby can register as British after any of the parent get their ILR using MN1.Also no need for the Indian passport.

Param

vinny
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Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Aug 16, 2013 12:44 pm

My answer and params0073's answer were conditional on child not travelling.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vin123
Member of Standing
Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Fri Aug 16, 2013 12:48 pm

vinny wrote:My answer was conditional on child not travelling.
You are correct Vinny.

But in this day and age it is always better to secure an identity document right at birth. Hence I would always advice people to go for passports soon after birth.

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