ILR query for kid

[komaloswal]

My husband and I are Indian Nationals and currently on a Tier-2 General visa in the UK with our visa expiring in Jan'21. We are planning to apply for the ILR in Nov'20. For our kid (born in the UK), we are not planning to apply for ILR but rather wait for us to get the ILR and directly apply for his citizenship. Currently, with the premium service down, it could take up to 6 months to get the ILR application processed. We have got a few queries, if you can kindly have a look and address them:

1. Any idea on the current lead time to get the ILR application processed? From our network, we gathered that in the recent typical cases, it is taking a couple of months. Appreciate, this may vary individual to individual cases.

2. Is there any impact on the UK born kid, if we don't apply for ILR and directly apply for British Passport after we have received our ILR (Husband and I). Just conscious that he might be in out of visa situation (he currently has Tier 2 dependent visa) for a few months if we receive our ILR post Jan'21 (when our Tier-2 General visa expires).

Apologies, if few of the queries have already been addressed in other threads. Any response would be appreciated. Many thanks in advance.

[zimba]

1. See the timeline post on top of the forum. As you said it all depends on your individual circumstances
2. No impact. UK born children have an automatic entitlement to British citizenship when a parent settles

[komaloswal]

Hi Team,

Thanks for the response earlier.

Me and my husband made an ILR application late November and did not include our child (born in The UK) as we were planning to apply for British citizenship post we receive our ILR. Today we got a query from home office as below -

" Before we can process the application, as part of our Duty of Care towards children we are required to establish the whereabouts of your child as they have not applied with yourself and your dependent on this occasion. We can see from our records that they currently have Tier 2 Dependant Child leave which expires xx/01/2021 .
Can you please confirm if they are currently residing with you and if you are intending on submitting a further application for them in the future."

Can you please suggest an appropriate reply to this query. Can we just say that we are planning to apply for British citizenship directly (without ILR application) for our son. Do we need to provide any documents for our son in the response email?

Thanks and Regards,
Komal

[CULLINAN]

This is a standard protocol email for child safeguards. Simply reply, your child is born in UK and you plan to register the child as a British Citizen via MN1 route after you get ILR. No issues and no documents needed.

[vinny]

Can you please confirm if they are currently residing with you and if you are intending on submitting a further application for them in the future."

I think a short answer is "Yes".

If necessary, then there is probably no harm in elaborating that the further application for the UK born child will be a application under Section 1(3), when the child will have an entitlement to register after a parent is granted ILR.

[komaloswal]

Many thanks for the quick response. I have replied to the email from home office accordingly.