Excluding my son's name (born in UK) in our ILR application

helpneeded2011 · Post by **helpneeded2011** » Thu Apr 14, 2011 1:13 pm

Hello, I will be applying ILR for myself and my wife who is my dependent in May after completing 5 years of stay via SET(O) form (WP + HSMP + Tier 1). I am not including my son's name (born in UK) in the ILR application and planning to go directly for his citizenship registeration via MN1 form after we get our ILR's. I have a few questions regarding this:

1) Do you see any issues in excluding my son's name in the ILR application? It's a matter of 675 GBP now that they have raised the dependent fee for ILR.

2) How soon do I have to apply for my son's citizenship registration via MN1 form after we get our ILR's. Is there a timelimit ? His Tier 1 dependent visa expires in April 2012. I am planning to travel out of country in between so will not be able to provide my passport for his MN1 registration.

3) What will be my son's immigration status between the time we get our ILR and he getting his citizenship registration done? Will he be out of status since our Tier 1 visa would get cancelled and changed to ILR and he is dependent on my Tier 1 visa.

Please help. Any help would be greatly appreciated.

helpneeded2011 · Post by **helpneeded2011** » Thu Apr 14, 2011 5:57 pm

Hello Moderators, Seniors and Friends...Please help...

ghummy · Post by **ghummy** » Thu Apr 14, 2011 8:22 pm

since you are both applying for ILR, then you must include your son. being born in the uk doesnt automatically allow british citizenship.

either yourself or your wife should have a british passport in order for your son to qualify for british citizenship.

therefore since both of you are applying for ILR, then you will have to apply for your son also

Post by **vinny** » Thu Apr 14, 2011 9:34 pm

If son is not travelling after you're are granted ILR, then excluding him from your ILR application shouldn't be a problem.

helpneeded2011 · Post by **helpneeded2011** » Fri Apr 15, 2011 10:37 am

Hello Friends and seniors,
Can you please confirm what ghummy has said is FALSE. We can indeed exclude the infant's name in our ILR application (if infant is born in UK) and go for his citizenship registration directly via MN1 form after we get our ILR. That way we can save amount on the infant's ILR application (which is 675 GBP) fee. Can anyone share their experiences on this.

ib2011 · Post by **ib2011** » Fri Apr 15, 2011 10:45 am

As per my understanding you can exclude your child's name who is born in UK and can directly apply for citizenship once the parents are settled, this can also be confirmed from the below para from the UKBA website (link is http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/):

"Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981."

Similar statement is also mentioned in the British Nationality Law Wikipedia (http://en.wikipedia.org/wiki/British_na ... #From_1983):

"Registration as a British citizen
Registration is a simpler method of acquiring citizenship than naturalisation, but only certain people are eligible for it.
British nationals (other than British citizens) who have indefinite leave to remain in the UK or right of abode, are eligible for British citizenship by registration after five years' residence in the United Kingdom. This is an entitlement under s4 of the 1981 Act (section 4 registration).
Other cases where persons may be entitled to registration (either as a matter of law or policy) include:
Children born in the UK where a parent obtains British citizenship or indefinite leave to remain after the child is born"

eager2learn · Post by **eager2learn** » Fri Apr 15, 2011 10:46 am

helpneeded2011 wrote:Hello Friends and seniors,
Can you please confirm what ghummy has said is FALSE. We can indeed exclude the infant's name in our ILR application (if infant is born in UK) and go for his citizenship registration directly via MN1 form after we get our ILR. That way we can save amount on the infant's ILR application (which is 675 GBP) fee. Can anyone share their experiences on this.

I havent included our 7 month old UK born daughter. Me and my wife are granted ILR. I think I am going to apply for her in MN1 form soon. Currently she is on T1 depenent visa.

But I am a bit confused what is being said in here. Does me having ILR now, invalidates her visa? Is there a time threshold within which we have to apply naturalisation for her? I understand there wont be any trouble unless she travels out of the country, but what if we have to travel now, is her visa invalid??

helpneeded2011 · Post by **helpneeded2011** » Fri Apr 15, 2011 11:16 am

Hi eager2learn, I think you are fine here. I am also following the steps as you have taken. I will be applying my and wife's ILR in the last week of May (and exclude my UK born son's name in the ILR saving 675 GBP). As far as i know, you getting your Tier 1 visa changed to ILR will have NO effect on your child's Tier 1 dependent visa. It will be a issue only if your daughter travels outside and tries to come back to UK with her Tier 1 dependent visa.

When are you applying for her MN1 form? Are you going postal or thru NCS service? Please keep us updated and let us know your experiences.

Seniors, elders ..please share your experiences and add your comments.

Post by **vinny** » Fri Apr 15, 2011 1:39 pm

Click on my links above for more info.

eager2learn · Post by **eager2learn** » Fri Apr 15, 2011 5:51 pm

vinny wrote:Click on my links above for more info.

that means she cant travel as long as her naturalisation is done?

Post by **vinny** » Fri Apr 15, 2011 10:01 pm

Child shouldn't travel before being granted Bristish citizenship.

khalidmirza · Post by **khalidmirza** » Sat Apr 16, 2011 5:48 am

Tricky situation bro.
1) Child visa status is dependent Tier 1. Validity of child visa MAY be affected if you do not hold Tier 1 any more
2) Children without any passport or visa status born in UK have a right to live and are not with out status as per MN1 guidance. They can register on MN1 form
3) My suggestion a) Apply immediately for child registration as soon as you get ILR (may be next day) b) Or just apply for ILR for the child along with you. Saving 675 may not be worth with no clear written instruction in such case. You will be mentally free

helpneeded2011 wrote:Hi eager2learn, I think you are fine here. I am also following the steps as you have taken. I will be applying my and wife's ILR in the last week of May (and exclude my UK born son's name in the ILR saving 675 GBP). As far as i know, you getting your Tier 1 visa changed to ILR will have NO effect on your child's Tier 1 dependent visa. It will be a issue only if your daughter travels outside and tries to come back to UK with her Tier 1 dependent visa.

When are you applying for her MN1 form? Are you going postal or thru NCS service? Please keep us updated and let us know your experiences.

Seniors, elders ..please share your experiences and add your comments.

forwardever · Post by **forwardever** » Sat Apr 16, 2011 8:37 am

@helpneeded2011...as long as u dont have any travel plans anytime soon,apply for your ILR and exclude your new born and save your self that cash after ILR is granted u can register your newborn unless u dont mind burnin that cash by including him and i will recon you apply thru PEO and get decision the same day than waitin for a month or more...

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Excluding my son's name (born in UK) in our ILR application

Excluding my son's name (born in UK) in our ILR application