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ILR AND DEPENDANT CHILD

Posted: Thu Jan 10, 2013 9:27 am
by ssidd
Hi,
I am on TIER 1 VISA right now and My ILR is due in couple of months time but due to a traffic conviction it seems difficult to get ILR. There is a possibility that I go for 2nd extension. I have two dependents as well, my wife and 2 year old daughter (Who born in UK and at the moment she is on TIER 1 VISA as well).
My question,
Is there any possibility to apply for my and my wife extension and do not apply for my daughter extension in order to save money. Does it affect my extension application or my daughters future BC? Because my understanding is my daughter do not need any visa to live in the UK and she will not be illegal because she born here but she can not travel abroad in the mean time and when I get ILR she will be eligible for BC due to his birth certificate and my ILR.

Please correct me if I am wrong.

Regards
Sidd

Posted: Thu Jan 10, 2013 9:53 am
by wpilr_nov12
Here's is what another person has done.

http://www.immigrationboards.com/viewtopic.php?t=122814

Re: ILR AND DEPENDANT CHILD

Posted: Thu Jan 10, 2013 10:15 am
by humanvoid
ssidd wrote: Is there any possibility to apply for my and my wife extension and do not apply for my daughter extension in order to save money. Does it affect my extension application or my daughters future BC?
Hi,

I had a similar question to UKBA Settlement Team regarding whether immigration status of kids affects their eligibility for BC, response was "it does not".
But technically your daughter has a visa which will expire unless extended, so I am not sure if this will cause a problem during your extension. I know if you do not need to travel outside of UK, kids can stay here permanently with no need for visa.

Drop an email to SettlementOpsPolicy@homeoffice.gsi.gov.uk, they are dealing with family matters. Ask them about the need for extension if child was born in UK. But I am sure it is not an easy question for them to answer as there is very little information in the rules.

Also worth checking if your traffic issue will not cause any problems at extension.

Good luck