child born in UK

[waqas.sabir]

I know this topic has been discussed previously but I got some confusion. My friend has a child born in UK few months ago and now he is going to apply for his ILR but he is thinking of only applying ILR for himself and his wife and register the child later using MN1 form under section 1(3). I know it is possible but the question does he need to show his child in ILR application and if he shows what shall he reply to visa officer on window why he is not applying for his child. To me if he not shows that is breach of immigration rules and can effect his child registration application.

Can someone please reply whether he should include child who is UK born in ILR application or not and if he does or does not how that can effect his ILR application or later child registration. many thanks

[wpilr_nov12]

what shall he reply to visa officer on window why he is not applying for his child.

And the answer is :

My friend has a child born in UK few months ago and now he is going to apply for his ILR but he is thinking of only applying ILR for himself and his wife and register the child later using MN1 form under section 1(3).

To me if he not shows that is breach of immigration rules and can effect his child registration application.
And how is that?

Can someone please reply whether he should include child who is UK born in ILR application or not entirely up to your friend. If he includes, he pays extra and if he does or does not how that can effect his ILR application or later child registration it hasn't and it will not there is no rule/law against this... many thanks

[atukflrn]

Dear Mr. Waqas

Your friend DOES NOT need to include his uk-born child in his ILR form. UKBA wouldn't even be bothered to ask why the uk-born child is not included. I had the same situation; applied for ILR (back in Mar-2012) via Croydon PEO. My application had two dependants (my wife and foreign-born daughter). I had completely skipped my younger daughter (uk-born) in the ILR application. No questions were asked; got ILR approved the same day. So your friend should not be worried. One more thing; Upon approval of ILR your friend will be handed over a leaflet (as part of approval document) which clearly mentions that if the principal applicant has any UK-born child, he/she can now be registered as British Citizen.

I hope this addresses your friend's concern.

[waqas.sabir]

If he does not show the child in ILR application he is hiding the fact from UKBA and since he is under immigration control before ILR that is decption isnt it????

I think if he shows the child he needs to pay for the child ILR fee and if he does not show the child that is the risk he is carrying because for child registration because UKBA may refer to earlier ILR application where no additional dependent was mentioned.

Can you please advise what will be the safest option?? many thanks

[vinny]

See also Do I need to include uk born baby in tier 1 extention?

[geriatrix]

Has an application for leave ever been made for the child? If not, the child is not subject to immigration control.

See also Q29 - Q32.

[atukflrn]

The ILR application requires details of only those dependants who are applying for ILR (not all the dependants). If you look at the section heading it is titled as "SECTION 2 - DEPENDANTS WHO ARE ALSO APPLYING". I think the message is clearly asking for dependants who are being included in the application (NOT all the dependants that an applicant might have).