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apply ILR for uk borrn child after parents ilr

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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kans75
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Posts: 65
Joined: Sat Oct 25, 2008 9:58 pm

apply ILR for uk borrn child after parents ilr

Post by kans75 » Sun Apr 06, 2014 10:24 pm

Hi
My ilr is due this month end. My child was born in uk and know can apply for my daughters british citizenship directly, once I get my ilr.
my question is,can I apply ilr for my daughter after my ilr is approved? even though her visa will be expired,the time I get my ilr.

The situation is to minimise the expenses involved and do not want to apply for her citizenship directly.
can anyone 1 advise.

regds
k

Malik44
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Re: apply ILR for uk borrn child after parents ilr

Post by Malik44 » Mon Apr 07, 2014 6:04 am

Yes Once your ILR approved you can apply citizenship Certificate for your Child.

kans75
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Re: apply ILR for uk borrn child after parents ilr

Post by kans75 » Mon Apr 07, 2014 10:48 pm

Malik44 wrote:Yes Once your ILR approved you can apply citizenship Certificate for your Child.
Malik
Thanks for your reply. My query is about applying ilr for my child separately after I get my ilr. With increased fees this year, I want to get my ilr approved first to save some money.Also, I am not intending to apply for her british passport straight away even though she is eligible and intend to get her ilr for few years.

Any suggestions will be of great help.

rgds
k

usman81
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Re: apply ILR for uk borrn child after parents ilr

Post by usman81 » Tue Apr 08, 2014 9:41 am

kans75 wrote:
Malik44 wrote:Yes Once your ILR approved you can apply citizenship Certificate for your Child.
Malik
Thanks for your reply. My query is about applying ilr for my child separately after I get my ilr. With increased fees this year, I want to get my ilr approved first to save some money.Also, I am not intending to apply for her british passport straight away even though she is eligible and intend to get her ilr for few years.

Any suggestions will be of great help.

rgds
k
Not sure if you are saving money with this plan!! When your child is due for registration as British citizen, why you want to get her ILR ? Do you maths again, your are paying more by applying for minor's ILR and then pay later for citizenship as well.
I am no one only GOD knows the best

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CR001
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Re: apply ILR for uk borrn child after parents ilr

Post by CR001 » Tue Apr 08, 2014 10:05 am

I am fairly sure that a valid visa is required to apply for ILR, even for children.

Your cheapest option as mentioned in the post above is to apply for childs registration as British Citizen, rather than ILR and then BC.
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ouflak1
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Re: apply ILR for uk borrn child after parents ilr

Post by ouflak1 » Tue Apr 08, 2014 2:49 pm

CR001 wrote:I am fairly sure that a valid visa is required to apply for ILR, even for children.
Not if they are born in the UK.

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Re: apply ILR for uk borrn child after parents ilr

Post by Amber » Tue Apr 08, 2014 3:56 pm

Actually under 298 (click) the child would need to show s(he)
(ii) wrote: has or has had limited leave to enter or remain in the United Kingdom
Or in the case of a child born in the UK (there is no requirement as like 298(ii)) thus:

305 is applicable and as such may be granted ILR if:
306. wrote:A child born in the United Kingdom who is not a British Citizen and who requires leave to
enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for
the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the
Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met.
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kans75
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Re: apply ILR for uk borrn child after parents ilr

Post by kans75 » Tue Apr 08, 2014 9:39 pm

usman81 wrote:
kans75 wrote:
Malik44 wrote:Yes Once your ILR approved you can apply citizenship Certificate for your Child.
Malik
Thanks for your reply. My query is about applying ilr for my child separately after I get my ilr. With increased fees this year, I want to get my ilr approved first to save some money.Also, I am not intending to apply for her british passport straight away even though she is eligible and intend to get her ilr for few years.

Any suggestions will be of great help.

rgds
k
Not sure if you are saving money with this plan!! When your child is due for registration as British citizen, why you want to get her ILR ? Do you maths again, your are paying more by applying for minor's ILR and then pay later for citizenship as well.
Usman
The reason to postpone her ilr at a later date is due to:
I want to be certain and see my ilr approved and dont want to take more risk by including her with my application.
i dont want her to get nri status in india, should she decide to do her further studies over there as she cannot get dual citizenship unlike many countries.hence , the plan is to get her ilr in the short term and then decide accordingly.

I know it will cost more to apply for ilr first and then BC.the question is whether it is legal for my daughter to stay till my visa decision is made as her visa would have expired by the time I get my decision.the plan is to apply for ilr after I get my ilr.

Hope it makes sense.
rgds
k


Usman

akojo44
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Re: apply ILR for uk borrn child after parents ilr

Post by akojo44 » Wed Apr 09, 2014 9:29 am

Hi guys
What application form is required to apply for ilr for a uk born child.

ouflak1
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Re: apply ILR for uk borrn child after parents ilr

Post by ouflak1 » Wed Apr 09, 2014 10:24 am

Amber_ wrote:Actually under 298 (click) the child would need to show s(he)
(ii) wrote: has or has had limited leave to enter or remain in the United Kingdom
Or in the case of a child born in the UK (there is no requirement as like 298(ii)) thus:

305 is applicable and as such may be granted ILR if:
306. wrote:A child born in the United Kingdom who is not a British Citizen and who requires leave to
enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for
the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the
Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met.
Let me put it like this then. A child born in the UK, who has never left the UK, does not require a visa to obtain ILR.

Here's the missing paragraph 304 referred to above:
UK governement wrote: 304. This paragraph and paragraphs 305 - 309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom.

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Re: apply ILR for uk borrn child after parents ilr

Post by Amber » Wed Apr 09, 2014 1:50 pm

If both parents are settled, SET(F).
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akojo44
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Re: apply ILR for uk borrn child after parents ilr

Post by akojo44 » Wed Apr 09, 2014 7:12 pm

Thanks Amber

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