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Tier 1 to ILR Child born in UK

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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hmdacc
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Posts: 4
Joined: Wed Apr 23, 2014 4:01 pm

Tier 1 to ILR Child born in UK

Post by hmdacc » Wed Apr 23, 2014 4:24 pm

Hi all ,
Im on Tier 1 ,General , Eligible for ILR in May 2014. I have two dependants , Wife , and Son who was born in UK. both have the Tier 1 Dependant visa expiring in June 2014.
My questions are
Im planing to do the same day service ( premium service )

1) Do i have to add my son to My ILR application. ( he was born here , and he had applied with me for the extension in the past )

2) Is there a rule my eligible dependants should be added in my application. my wife have to apply for ILR with me , ( she came here in 2009 Nov and meets the requirements ) but she is due in may , so i dont know if she will be in a position to come to the premium service centre )
3) if i book for premium service , and didnt attend without cancelling the appointment will the refund the fee ( after deducting 100 £ )

thank you

mkazimhyobo
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Posts: 47
Joined: Sun Oct 31, 2010 2:05 am

Re: Tier 1 to ILR Child born in UK

Post by mkazimhyobo » Wed Apr 23, 2014 7:31 pm

If your son is not travelling abroad, dont put him with your ILR, instead use MN1 form once you get your ILR. Thats what i have seen other ppl do and thats what i will do for my children.

Some senior may help you regarding your wife's query

hmdacc
Newly Registered
Posts: 4
Joined: Wed Apr 23, 2014 4:01 pm

Re: Tier 1 to ILR Child born in UK

Post by hmdacc » Wed Apr 23, 2014 8:38 pm

mkazimhyobo , thanks for your response ,
today i spoke to two solicitors , they both asked me to add my son to my application , as i'm doing one day service , and he is already have Limited Leave to remain , this is so confusing to me as , i have seen in other posts people have advised , you dont have to add the children.

Amber
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Re: Tier 1 to ILR Child born in UK

Post by Amber » Wed Apr 23, 2014 8:46 pm

Children born in the UK are entitled to be registered as British: section 1(3) BNA 1981. The child in such case does not need any leave to remain. This shouldn't be an issue unless they intend to travel before registration.
**this forum is not intended to be a substitute for professional advice**
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hmdacc
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Posts: 4
Joined: Wed Apr 23, 2014 4:01 pm

Re: Tier 1 to ILR Child born in UK

Post by hmdacc » Wed Apr 23, 2014 9:25 pm

Thanks Amber , do you have any idea about my question 2 and 3 ?

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