Immigrationboards.com

Hi,

My visa T1G visa will expire on 4th march 2013 and I am applying for ILR any date after 5th Feb. My son is born in UK in May 2011 while I was on T1G visa.

My query is that I was told that I do not need to include my son in my ILR as he is born in UK and we are also not planning to go outside UK in the next 4-5 months.

If I dont include my son in ILR app and I apply his BC registration one week after I get the ILR so that I get my BRP cards, then can he stay in UK legally once he applies for his registration even his visa expire because he will not the BC registration done within couple of weeks mean before 4th March?

Yes, since your son was born in the UK once you get ILR, he wont be illegal in the UK any point after that.

You can apply for his BC using MN1 form, and then passport.

Good luck.

Regards

Thanks mate....

InUkOnHsmp wrote:Yes, since your son was born in the UK once you get ILR, he wont be illegal in the UK any point after that.

You can apply for his BC using MN1 form, and then passport.

Good luck.

Regards

Np at all, I am in the same boat as you. Only I got my ILR last month now preparing for my MN1 application next week.

What is you visa type and when will your visa expire????

InUkOnHsmp wrote:Np at all, I am in the same boat as you. Only I got my ILR last month now preparing for my MN1 application next week.

If the child's visa expire he will become overstayer. However, it's not that the HO would knock on your door the next day to deport him. His immigration status has no affect on his registration application.

Guri, I was on HSMP for 2 years, then on Tier-1 for 3 years, got my ILR last month in Solihull based on this.

Jambo, I know its cheeky to question a gurus opinion, but in my opinion once the parents get settled in the UK, UK born children become entitled to registering as British citizens, hence are not under immigration control. I do not think they are overstayers.

I would be willing to be corrected on this if I am wrong.

Other senior members can possibly comment on this?

Jambo wrote:If the child's visa expire he will become overstayer. However, it's not that the HO would knock on your door the next day to deport him. His immigration status has no affect on his registration application.

Agree.

InUkOnHsmp wrote: Jambo, I know its cheeky to question a gurus opinion, but in my opinion once the parents get settled in the UK, UK born children become entitled to registering as British citizens, hence are not under immigration control. I do not think they are overstayers.

Not cheeky at all. That's what this forum is all about. Free discussion. I did not ask to be labelled a "guru". The system assign that automatically after a certain number of posts (regardless of their quality).

See vinny's post here.

Becoming entitled to register as BC doesn't mean that the child is now free from immigration control if he was before (i.e. had a visa). You would agree that if the child travels after his parents are granted ILR (and he become entitled to register as BC), the child would need a visa. This is because he is still under immigration control. As I said, in practice, there is no need to be worried about it.

I was always of the view that a child born in the UK is not subject to required to have a leave to remain. Such leave is only required to facilitate the child's entry should he/she went overseas.

If the child is not required to obtain leave to remain, how could he or she becomes an overstayer?

A UK born child is not required to have a leave to remain. However, has he been granted one (as he travelled abroad or his parents didn't know that he doesn't require one), he is then subject to the immigration rules in place.

See the references in vinny's post I linked to.

Thanks guys for a discussion...

Guys....so what's the final out come.......

Will he be illegal/overstay/legal once his visa expires while his app is under process for BC reg......

I understood (pls correct me if wrong) from this discussion (after reading other threads) that he will be legal because he needs visa to enter UK but he does not need one if he is already in UK and subsequently he is out of immigration control.....is it right?

Jambo wrote:A UK born child is not required to have a leave to remain. However, has he been granted one (as he travelled abroad or his parents didn't know that he doesn't require one), he is then subject to the immigration rules in place.

See the references in vinny's post I linked to.

We are going in circles here.

He will become illegal once his current Tier-1 visa expire.

If he was born in the UK and had no visa at all, he will not become illegal. Because he has a visa, when it expires he becomes an overstayer.

Whether he is legal or not, have a valid visa or not, has no affect what so ever on the application to register him as BC once you are granted ILR.

Why are you so worried if he becomes illegal?

Thanks Jumbo.....

Thats why I asked what is the final outcome because it was going in circles....

My son is born in UK.

I dont want him to live illegally as it may impact him in future. Will Overstay have any impact in future when he applies visa for any other country?

Jambo wrote:We are going in circles here.

He will become illegal once his current Tier-1 visa expire.

If he was born in the UK and had no visa at all, he will not become illegal. Because he has a visa, when it expires he becomes an overstayer.

Whether he is legal or not, have a valid visa or not, has no affect what so ever on the application to register him as BC once you are granted ILR.

Why are you so worried if he becomes illegal?

No impact in future.

With British passport, there aren't many counties he would require a visa in the first place but this (technical) "overstay" is not something he will need to declare in a visa application when answering "have you ever overstayed?".

Agree with Jambo, no overstay issue as far as I can see. Only you cannot travel till you get his British passport.

My daughter is already past her Tier-1 dependant expiry date, and I am applying next week for her registration as a British citien using MN1.

So I am already in the situation you are scared of being in, and I can tell you there is nothing to be scared of.

Good luck with your ILR and your son's MN1.

Cheers

Thanks @Jambo

Jambo wrote:No impact in future.

With British passport, there aren't many counties he would require a visa in the first place but this (technical) "overstay" is not something he will need to declare in a visa application when answering "have you ever overstayed?".

@InUkOnHsmp........Thanks mate....

may ping you again while filling MN1 for my son.....sent you PM

InUkOnHsmp wrote:Agree with Jambo, no overstay issue as far as I can see. Only you cannot travel till you get his British passport.

My daughter is already past her Tier-1 dependant expiry date, and I am applying next week for her registration as a British citien using MN1.

So I am already in the situation you are scared of being in, and I can tell you there is nothing to be scared of.

Good luck with your ILR and your son's MN1.

Cheers

You are welcome Guri, sure feel free to talk about MN1 when you need!

Hi Guys,

I have the same problem on which the discussion is going on.

I will be applying for my ILR in May, and as per your comments I don't need to apply for my daughter's visa (she was born last year in Feb and we haven't travelled anywhere since and so she doesn't have any visa or any travel document) as I can directly apply for her BC once I have the ILR.

My friend called me 2 days back and he said that he has spoken to HO and asked this question and they said that now the rule is that your child will have to stay for 2 years in UK before you can apply for her BC.
So, if she has to travel she'll have to get a dependent visa and once 2 yrs are over then she can apply for BC.

Just wanted to know if this is true and is this mentioned anywhere on the UKBA website.

Many Thanks,
Fahd

Well, that would depend on the circumstances of your friend's child application. It depends where the child was born (UK or abroad) and how old the child is.

See Q1 & Q2 in Citizenship FAQs - Common Questions - Read before posting - Children

We are in the same situation. I am eligible for ILR in September and expecting child next month. Now I am not sure if my Child is eligible for BC.

banilkum wrote:We are in the same situation. I am eligible for ILR in September and expecting child next month. Now I am not sure if my Child is eligible for BC.

In your case, not until you get your ilr.

Thanks wpilr_nov12. I will apply once I receive my ILR.

Thanks guys for the answers.

Yes, my friends son was born in UK as well. He spoke to somebody from HO and was asking me to double check and I couldn't find any documentation to support his view.

But, think I am pretty sure now that I can skip her ILR and directly apply for BC.

Thanks,
Fahd