ILR eligibility for child

[prk17]

Hi,

My daughter was born in UK in June 2018. At that time both parents (my husband and I) had tier 2 visa. We registered her birth at Indian embassy and have received her Indian passport.

Subsequently, my husband became eligible for ILR and was granted the same in March 2019. I (mother) will become eligible for ILR in September 2019.

We wish to apply for my daughter’s visa. Could you please tell us what visa will get for her? ILR or ILR dependant? Which form do I need to fill.

We have been getting all sorts of advise ranging from tier 2 dependant to filling in a MN1 form and applying for ILR.

Any help would be appreciated

Thanks

[CR001]

If you wish to register her as British, it is form MN1. She does NOT require a visa or ILR to be able to do this.

If you wish to apply for a visa, it is Tier 2 Dependent visa, same as you.

[prk17]

Hi CR0001,

Thank you for the prompt reply.

Two leading questions:

Regarding British passport - we already have her Indian passport. Do we not need to apply for any visa before e give that away? We applied for her Indian passport as we didn’t think she would be eligible for British passport (as my husband didn’t have ILR at the time of her birth). If this route is possible, we would prefer this.

Regarding tier 2 dependant - my husband no longer has a tier 2, and I am already his dependant. It doesn’t make sense how we can apply on my husband’s old tier 2 as it is invalid. There isn’t a ILR dependant category?

[CR001]

Regarding British passport - we already have her Indian passport. Do we not need to apply for any visa before e give that away? We applied for her Indian passport as we didn’t think she would be eligible for British passport (as my husband didn’t have ILR at the time of her birth). If this route is possible, we would prefer this.

A UK born child has an entitlement to register as British (note Registering is the process required BEFORE apply for a British passport) once EITHER parent gets ILR. Child does NOT need valid leave to register as British either.

Regarding tier 2 dependant - my husband no longer has a tier 2, and I am already his dependant. It doesn’t make sense how we can apply on my husband’s old tier 2 as it is invalid. There isn’t a ILR dependant category?

Your child cannot apply for a Child Settlement visa unless you also apply for a spouse settlement visa, resetting your clock to zero. A child will must apply for and get the same visa as the parent who does not hold ILR. The other parent can hold ILR and does not need to be a Tier 2 visa holder anymore, the rules permit this.