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Tier 2 to ILR - Child born in the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Jonnystar
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Joined: Sat Mar 25, 2017 8:12 am

Tier 2 to ILR - Child born in the UK

Post by Jonnystar » Fri May 05, 2017 8:09 pm

Hi All

I had a couple of questions and were not sure of the process around how to go about it so any help will be beneficial. All the previous help out here has been very helpful in the past

I am on a Tier 2 General visa and I have my wife, daughter and son as Tier 2 dependents.I will be eligible for ILR in Feb 2018 (Yes I know some time away but prefer to plan ahead of time). My daughter was born out of the country while my son was born in the UK. I do understand that my son will be eligible for British residency once my status has changed to ILR. And from the forum I do also understand that I need to fill in MN1 form to register this with the Home Office.

The question I have is how do I go proceed with the ILR process. Should I go alone and change my status first? If I do apply alone would the Home office be concerned why my family is not applying with me? Also what would be the status of my family while my status changes?

If we all go together it will just be an additional financial burden as I would need to get my son an ILR and then again get him a British passport and does not make much sense.

If anyone has been through this in the recent past and can provide any guidance it will be much appreciated.

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CR001
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Re: Tier 2 to ILR - Child born in the UK

Post by CR001 » Fri May 05, 2017 8:47 pm

Jonnystar wrote:Hi All

I had a couple of questions and were not sure of the process around how to go about it so any help will be beneficial. All the previous help out here has been very helpful in the past

I am on a Tier 2 General visa and I have my wife, daughter and son as Tier 2 dependents.I will be eligible for ILR in Feb 2018 (Yes I know some time away but prefer to plan ahead of time). My daughter was born out of the country while my son was born in the UK. I do understand that my son will be eligible for British residency once my status has changed to ILR. And from the forum I do also understand that I need to fill in MN1 form to register this with the Home Office.

The question I have is how do I go proceed with the ILR process. Should I go alone and change my status first? If I do apply alone would the Home office be concerned why my family is not applying with me? Also what would be the status of my family while my status changes? You can apply alone provided that your family's visa won't expire anytime soon. Their status continues as PBS dependents provided you apply for ILR based on Tier 2 G and not long residence.

If we all go together it will just be an additional financial burden as I would need to get my son an ILR and then again get him a British passport and does not make much sense. You DO NOT have to apply for your UK born son. You can register him as BC directly once you get ILR and can simply explain this in a letter.

If anyone has been through this in the recent past and can provide any guidance it will be much appreciated.
Char (CR001 not Casa)
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