Child born in London - Visa due to expire - ILR pending

[workseeker]

All,

I have applied for 10 years long residency in the month of Nov 2012 and still decision pending, my current Tier1(G) visa is due to expire on 24th of May 2013.

Both dependents my wife and 15 months old daughter (born in London) visa is also due to expire same as mine.

After speaking to couple of advisers they have suggested me to apply for FLR(m) for my wife and suggested me not to apply for FLR(m) for my daughter and suggested me to wait until I get decision on my SET(o) application and then apply for Naturalization. Is this correct approach, what happens if my SET(o) application takes longer than expected and my daughters visa is expired, does she not become overstayed?

I am confused, please you suggestion is valuable.

Thanks

[Amber]

All,

I have applied for 10 years long residency in the month of Nov 2012 and still decision pending, my current Tier1(G) visa is due to expire on 24th of May 2013.

Both dependents my wife and 15 months old daughter (born in London) visa is also due to expire same as mine.

After speaking to couple of advisers they have suggested me to apply for FLR(m) for my wife and suggested me not to apply for FLR(m) for my daughter and suggested me to wait until I get decision on my SET(o) application and then apply for Naturalization. Is this correct approach, what happens if my SET(o) application takes longer than expected and my daughters visa is expired, does she not become overstayed?

I am confused, please you suggestion is valuable.

Thanks

Is your wife on a PBS dep visa? When was this issued? Your child can register as a British Citizen under section 1(3) once you're settled, it doesn't matter if the child's visa expires.

[maxwake]

immigration rules does not apply child who born here until they are five years old so she won't be over stayer she just can not travel that is all

[vinny]

immigration rules does not apply child who born here until they are five years old so she won't be over stayer she just can not travel that is all

This seems to be a common misconception.