Can a child born in the UK be seen as an overstayer?

[Surrey_WP_Holder]

Hello experts,

My daughter was born in 2011 in the UK while I was residing in the UK on a Work Permit. I got her a Work Permit dependant Visa as we wanted to travel to Pakistan to visit my parents.

In October this year our Work Permit will be expiring and I intend to apply for ILR for me and my wife as to add my daugther to the list of dependants I need to pay an extra £1200-1300 and I would like to avoid this if possible. I therefore have the following questions:

1. If we dont extend my daughters visa will this become a problem for us if we were NOT looking to travel in the near future. (Intention is to immediately apply for her BC and then British Passport as a travel doc)

2. My visa expires on 28/10/2013 and I intend to apply in person. What if we (me and my wife) apply for ILR on 01/10/2013 and instantly apply for her BC the moment we get our ILR sorted i.e. we will still have at least 2-3 weeks time for her Work Permit Dependant Visa to expire so when we apply for her BC she will still be a legal resident. Any flaws with this plan that I can't think of?

Many thanks,
Work Permit Holder

[Surrey_WP_Holder]

Can someone move this post to "Indefinite Leave to Remain" section. I can't seem to find an option to do this myself. Thanks.

[vinny]

See also child born in UK.

[shahid2000]

Hello experts,

My daughter was born in 2011 in the UK while I was residing in the UK on a Work Permit. I got her a Work Permit dependant Visa as we wanted to travel to Pakistan to visit my parents.

In October this year our Work Permit will be expiring and I intend to apply for ILR for me and my wife as to add my daugther to the list of dependants I need to pay an extra £1200-1300 and I would like to avoid this if possible. I therefore have the following questions:

1. If we dont extend my daughters visa will this become a problem for us if we were NOT looking to travel in the near future. (Intention is to immediately apply for her BC and then British Passport as a travel doc)

2. My visa expires on 28/10/2013 and I intend to apply in person. What if we (me and my wife) apply for ILR on 01/10/2013 and instantly apply for her BC the moment we get our ILR sorted i.e. we will still have at least 2-3 weeks time for her Work Permit Dependant Visa to expire so when we apply for her BC she will still be a legal resident. Any flaws with this plan that I can't think of?

Many thanks,
Work Permit Holder

I have been through similar situation. To answer your questions

1. No it will not be a problem provided your ILR is approved. Most people dont add children born in the UK. I did the same. The only possible complication is that if your ILR is refused then your daughter will not get appeal rights with you. Long story short if your application is straight forward then you dont need to include your daughter.

2. The plan is perfect but regardless it wont be an issue even if her visa expires because she will be "entitled" to citizenship meaning UKBA discretion is not involved.

hope this helps mate. Do read through the MN1 application process etc too becaue you will be on a strict timeline if you want to apply before your daughter's visa expires.

[silverline]

Hello experts,

My daughter was born in 2011 in the UK while I was residing in the UK on a Work Permit. I got her a Work Permit dependant Visa as we wanted to travel to Pakistan to visit my parents.

In October this year our Work Permit will be expiring and I intend to apply for ILR for me and my wife as to add my daugther to the list of dependants I need to pay an extra £1200-1300 and I would like to avoid this if possible. I therefore have the following questions:

1. If we dont extend my daughters visa will this become a problem for us if we were NOT looking to travel in the near future. (Intention is to immediately apply for her BC and then British Passport as a travel doc)

2. My visa expires on 28/10/2013 and I intend to apply in person. What if we (me and my wife) apply for ILR on 01/10/2013 and instantly apply for her BC the moment we get our ILR sorted i.e. we will still have at least 2-3 weeks time for her Work Permit Dependant Visa to expire so when we apply for her BC she will still be a legal resident. Any flaws with this plan that I can't think of?

Many thanks,
Work Permit Holder

I got the same plan in November. I suggested this to one of my friend. And it worked ok for him. Kids born in the UK are not be taken as overstayers.

[geriatrix]

My daughter was born in 2011 in the UK while I was residing in the UK on a Work Permit. I got her a Work Permit dependant Visa as we wanted to travel to Pakistan to visit my parents.

TO answer the question asked in the topic title - yes, technically she will be an overstayer,

But that fact becomes irrelevant if she doesn't intend to travel before either parent is granted settlement subsequent to which she will be "entitled" to register as a British citizen (follow vinny's link).

[silverline]

yes, technically she will be an overstayer, .

how come any baby born in the UK is overstayer? He/She doesn't need Visa to stay in the UK ( unless entering into UK from abroad??

[geriatrix]

My daughter was born in 2011 in the UK while I was residing in the UK on a Work Permit. I got her a Work Permit dependant Visa as we wanted to travel to Pakistan to visit my parents.

Because of the above (highlighted text).

Had the child not applied for a leave to remain, then the child wouldn't have been subject to immigration control. But the child did and is therefore subject to immigration control, and will (would have) become an overstayer after the expiry of such leave.

As mentioned earlier, this is usually a technical / academic issue, assuming that either parent has no reason to believe that he/she will not be granted settlement.