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Urgent Question about newborn baby as dependent in ILR

Posted: Thu Aug 09, 2012 1:58 am
by shieldguy
Hello I had booked my ILR in-person appointment this month Aug 2012, my baby born in July 2012, when in June 2012 I called homeoffice they told me that I cant apply for my baby as my dependent and he will not get the indefinite with me so they tell me that I should apply for him as my wife application FLR(M) dependent now I called homeoffice today and now they say that I can include my baby as my dependent and he can get the indefinite with me because he is born in UK

what should I do my visa is expiring in September, I cant cancel my appointment and also when i booked I only booked appointment for myself not with any dependent

I would really appreciate any suggestions from the experts in these forums

Thanks

Posted: Thu Aug 09, 2012 2:05 am
by vinny
Assuming that baby was born in the UK:
vinny wrote:If not travelling, then don't apply for leave to remain for baby.

Posted: Thu Aug 09, 2012 2:51 am
by shieldguy
hello yes baby is born in UK and now I wish to know if I add my baby as my ILR dependent so he will get the ILR or may be they give him british citizenship?

Thanks

Posted: Thu Aug 09, 2012 8:59 am
by wpilr_nov12
There is no such thing as 'dependent ILR'. Qualifying dependent spouse and children can apply together with the main candidate.

In case of your child, if you have no imminent travel plans, you should simply pursue the MN1 form route for your child's citizenship (currently averaging 4 months), and apply for passport after that.

Alternately, you could (if you absolutely need to) complete a separate SET O form including your child as your dependent, and go to PEO, and negotiate your way through. However, my understanding is that the child would need to have their own passport (from your native country), at time of application.

Posted: Thu Aug 09, 2012 12:30 pm
by shieldguy
My child dont have a passport, they told me that I can have my baby as my dependent with ILR application, but I am interested in it if he gots the indefinite or citizen ship

what you mean by "go to PEO, and negotiate your way through."

Posted: Thu Aug 09, 2012 12:35 pm
by wpilr_nov12
shieldguy wrote:My child dont have a passport, they told me that I can have my baby as my dependent with ILR application, but I am interested in it if he gots the indefinite or citizen shipwhat you mean by "go to PEO, and negotiate your way through."
If you are applying for ILR, and your child is a dependent on your application for ILR, there is absolutely no way in the world your child will be issued with a citizenship based on that application.

For your child to end up with citizenship, being UK born, s/he would have to 'register' (form MN1) as a citizen after you have your ILR.

Posted: Thu Aug 09, 2012 12:41 pm
by mr_danny
shieldguy wrote:My child dont have a passport, they told me that I can have my baby as my dependent with ILR application, but I am interested in it if he gots the indefinite or citizen ship

what you mean by "go to PEO, and negotiate your way through."

I think your child can apply with you for ILR.

However you can ALSO skip the ILR - and apply for MN1 (section 1(3)) - this will take longer but its going to take him strait to British Citizenship, then you could apply for his British passport.

Posted: Thu Aug 09, 2012 2:38 pm
by tier1Reading

Posted: Thu Aug 09, 2012 2:44 pm
by wpilr_nov12
shieldguy wrote:My child dont have a passport, they told me that I can have my baby as my dependent with ILR application, but I am interested in it if he gots the indefinite or citizen ship

what you mean by "go to PEO, and negotiate your way through."
If 'they' told you that you can have your baby as your dependent with ILR application, but you say your child doesn't have a passport, then
there is not point in having ILR, because for your child to cross borders she/he needs a passport.

But in your specific case the usefulness of this option (child as dependent on ILR) depends on, if needed, how soon you can get a passport for your child.