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ILR for child born in UK-URGENT

Posted: Fri Jul 12, 2013 6:04 pm
by parina
Hi

Apologies if this has been asked before

I am applying ILR for my wife and son (Tier 2 dependant) but not for my daughter who was born in UK and has tier 2 dependant visa.

Do i need to apply for my daughter's ILR as well ? Can't i straight away apply for her british citizenship once i get my ILR

Someone told me that I have to apply for her ILR as well because once my status changes from Tier 2 to ILR..... her Tier 2 status beocmes invalid?

Am confused! Any help from someone who has actually NOT applied for their child's ILR basis above is appreciated(NEED A REPLY BY 14th July) Thanks :o

Posted: Fri Jul 12, 2013 6:12 pm
by Amber
Your daughter does not need to get ilr as she was born in the uk. Once you have ilr she entitled to register as British.

Similar question - slightly different situation

Posted: Fri Jul 12, 2013 7:35 pm
by alpha_t1
Guys,

I would appreciate if anyone could provide some guidance for my situation. I have a PEO appt in Aug-2013 for ILR (myself + my wife as dependent). My current status is Tier 1 General which is expiring at end of Aug so need to apply in the same month for ILR, as I qualify for it now.

We are expecting a baby in July. I would like to understand the PROS & CONS of including the baby in the same appt, given that if I include it, I can apply at the same time for the baby for ILR. Based on response to the previous question, it appears that it is possible to apply for British Passport for the baby if born in UK, even if the parents do not hold ILR status at the time of birth? I have been told by someone that unless the parents already hold ILR at the time baby is born, it does not become eligible for British Passport?

Can someone please clarify? Apologies if this has been asked before, but I could not find it.
Many thanks.

Posted: Fri Jul 12, 2013 8:43 pm
by Amber
Child born in the UK where:

Either parent had ilr at time of birth = child automatically British

Either parent was granted ilr after the birth = child is entitled to register as British but is not automatically British

You need to be British to get a British passport.

ILR for child born in uk

Posted: Sat Jul 13, 2013 6:52 am
by parina
Hi Amber

Thanks for your prompt reply.

My Tier 2 and my families Tier2 dependant visa is valid till 2015.

I came to uk with family in 2008 and have completed 5 years and my daughter was born 2010

I have been told that if I change my current tier2 status to ILR then my daughters TIER2 dependant visa becomes invalid?

Are you aware of anyone who has actually not applied for his kids ILR. And changed his and his spouse status from tier 2 to ILR and then later applied for his daughters citizenship directly


many thanks ...need a quick response

Regards

Posted: Sat Jul 13, 2013 1:19 pm
by Amber
As soon as you have ilr the child born in the uk is entitled to register as British regardless of visa status.

Posted: Sat Jul 13, 2013 8:58 pm
by alpha_t1
Thanks for your quick response.

For a child born in the UK, is there any time limit or deadline for the Indian parents to either apply for an Indian Passport+UK visa for the child OR to apply for its registration as British?

Posted: Sun Jul 14, 2013 9:36 am
by Amber
The registration as British should be done whilst the child is a child and not an adult. For the Visa, this should be done whilst the child is eligible.

Posted: Sun Jul 14, 2013 3:58 pm
by amricu
Hi experts/Parina ,

im having exactly the same situation like you. im on tier2 and my wife and babies (born in UK) are on tier2 dependants (all valid till 2015). im eligible for ILR but my wife not .

I would like if someone can confirm the status of the tier 2 dependants status if I(Main Applicant) switch to ILR . I guess it would stay valid ?

Thanks
Amricu

Posted: Sun Jul 14, 2013 4:13 pm
by vinny