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Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Tue Jan 06, 2015 11:11 pm
by maccdad
Hi,
Me and my dependants (spouse & UK born baby) were holding Tier-2 ICT visa valid till 20 Jan 2015.
Then me and my spouse were granted ILR on 3 Jan 2015 (waiting for BRP card).
So, is there a risk that the baby breaches immigration conditions by overstaying if we don't apply for form MN1 by 20 Jan 2015? OR is the child now exempt from validity of stay?
Can someone provide a clarification on this and support their response with formal references/links please?
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Tue Jan 06, 2015 11:24 pm
by vinny
Baby is not exempted from
overstaying until baby is
granted British citizenship.
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Wed Jan 07, 2015 12:23 am
by maccdad
1) So, in your opinion should I process baby's ILR visa first
OR submit MN1 directly?
2) Also, on the date UKBA receives the MN1 application and till such time a decision is confirmed - does the current leave for baby (i.e. Tier 2) continues or not?
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Wed Jan 07, 2015 12:50 am
by vinny
1.
MN1.
2. It doesn't matter.
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Wed Jan 07, 2015 12:57 am
by maccdad
vinny wrote:1.
MN1.
2. It doesn't matter.
Awesome & prompt response..to the point!
Thanks Vinny Guruji
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Sun Jan 11, 2015 1:42 am
by maccdad
1) If we decide to go for child's Certificate of Entitlement to Right of Abode (CoE/RoA), instead of British passport, then is BC registration via form MN1 required?
2) If suppose, child with CoE stays outside UK for lengthy periods (>5 yrs) and then wishes to obtain British passport, is that allowed?
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Sun Jan 11, 2015 2:11 am
by vinny
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Sun Jan 11, 2015 5:25 pm
by maccdad
vinny wrote:1.
Yes.
2. Yes.
We are Indian nationals currently and baby also has Indian passport, so therefore would a CoE on an Indian passport become illegal in Indian law? (since a foreign citizen should not be holding an Indian passport in the first place).
Re: Parents got ILR but baby Tier 2 Visa till 20 Jan 2015
Posted: Mon Jan 12, 2015 11:39 am
by zeusmagnanimous
maccdad wrote:vinny wrote:1.
Yes.
2. Yes.
We are Indian nationals currently and baby also has Indian passport, so therefore would a CoE on an Indian passport become illegal in Indian law? (since a foreign citizen should not be holding an Indian passport in the first place).
Yes. As far as I know you have to surrender your indian passport within 90 days of gaining another citizenship. So in theory it will be OK to use for 90 days counting from the date of MN1 approval.