Tier 1 dependent Child born in Uk with Visa Exipiring

[gaurav.madan]

Hi All,

I am in UK Since Jan 2011 and will apply for my ILR in Feb 2016. My and my daughter's visa was valid till June 2015.
She was born in UK in Aug 2012 and we got her indian passport and she got valid visa upto June 2015 as mine. Now i have got my visa extended upto Dec 2017 as i was short of 7 months to complete 5 years.
Now I am not planning to traval until my ILR. Do i need to extend visa for my daughter as well in this case? Can she live here with expired visa as she is born I UK until i get my ILR in Feb 2016? And can I apply for her citizenship directly aft getting ILR.

Thanks in Advance

[Malik44]

Yes if you don't have any travel plan than your daughter can live in UK without any visa if she born here and Once both or one parent got ILR or settled later then she can apply naturalisation on MN1 form.

[nasus13]

Hello

I do have a similar situation but with a different dimension added.

My current T1 G expires on Feb 2016. Same is the case for all dependents. Hence was planning to extend for all before April cut-off on extension. But after looking at some of the recent posts on the same topic have few queries on the same lines

Some more information to support my queries below
a) My elder son was born in India (Sep 2007) and has a valid VISA
b) My younger son was born in UK (Oct 2010) and has a valid VISA

Here are few queries that I have

1) Is there a need for extending my dependents now, when they have valid VISA till Feb 2016
2) Based on my calculation I should be eligible for ILR on Mar 2016. So come, Feb 2016, do I really need to extend my kids VISAs or can they continue in UK with an expired VISA and then apply for British passport directly, once I get my ILR

Appreciate a quick advice so that I can plan accordingly
Thanks
Naveen

[vinny]

1. No.
2. Elder son should extend in-time and subsequently apply for ILR. Younger son will be entitled to register for British citizenship after a parent is granted ILR.

[nasus13]

1. No.
2. Elder son should extend in-time and subsequently apply for ILR. Younger son will be entitled to register for British citizenship after a parent is granted ILR.

Wow! Thanks Vinny, that was really quick

1. Ok
2. Just for aboslute clarity and my peace of mind - So from Feb 2016 till the point that I get my ILR, my younger son need not have a VISA (obviously he won't be able to travel outside UK in this case during that time frame) and that will be justifiable if incase the UKBA person raise it as a concern? Reason for asking this is because, he has a valid VISA till Feb 2016 and post that for a period he won't have. So slightly worried whether the UKBA person has any grounds to question me around that.

Thanks
Naveen

[vinny]

Although the UK born child would be an overstayer, it won't affect said child's entitlement to register.

[gaurav.madan]

Thanks for your Reply Malik and Vinny. It will really save us 1600 pounds