UK Born Child
Posted: Sun Jul 21, 2013 5:16 am
Dear everybody,
Please check whether the following questions and answers are still correct or any changes according to repeatedly changing rules?
Q29 - Does my UK-born child qualify for british citizenship?
Child born in UK before either parent is granted settlement: There is no requirement for a non-travelling UK-born-child to be included in the settlement application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.
Q30 - My UK-born child has never applied for leave. Can I skip including him in the settlement application?
The important point is that children born in the UK are not required to seek permission, if they remain in the UK. Children born in the UK, who are not British, are not illegal entrants because they have not entered unlawfully. If they have not applied for leave to enter/remain in the UK, then they are not overstayers nor in breach of their conditions of leave because they do not have any conditions to breach; in principle, therefore, they may remain in the UK indefinitely! After settlement, register your child as a British citizen (as explained in the question above).
Q31 - My UK-born-child was issued leave previously. Can I skip including him in the settlement application even though his leave will expire before I can expect my settlement to come through?
Yes, if you have no reason to believe that your settlement application will be refused. If you are granted settlement then whether the child has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - becomes irrelevant. Any "overstay" won't affect the child's entitlement for British citizenship, if/when you're granted ILR. After settlement, register your child as a British citizen (as explained above).
Q32 - When should I consider including my UK-born child in my settlement application?
Under the following circumstances:
1. - If your UK-born-child had applied for leave in the past which is due to expire before you can expect a decision on your settlement application and you have reason(s) to believe that your settlement application may be refused. Including the child in your application will ensure that the child gets the same appeal rights as you do.
2. If you wish to travel abroad with the child soon after you receive settlement and do not have the time to apply for child's registration and British passport (and receive these documents) before you travel.
Please check whether the following questions and answers are still correct or any changes according to repeatedly changing rules?
Q29 - Does my UK-born child qualify for british citizenship?
Child born in UK before either parent is granted settlement: There is no requirement for a non-travelling UK-born-child to be included in the settlement application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.
Q30 - My UK-born child has never applied for leave. Can I skip including him in the settlement application?
The important point is that children born in the UK are not required to seek permission, if they remain in the UK. Children born in the UK, who are not British, are not illegal entrants because they have not entered unlawfully. If they have not applied for leave to enter/remain in the UK, then they are not overstayers nor in breach of their conditions of leave because they do not have any conditions to breach; in principle, therefore, they may remain in the UK indefinitely! After settlement, register your child as a British citizen (as explained in the question above).
Q31 - My UK-born-child was issued leave previously. Can I skip including him in the settlement application even though his leave will expire before I can expect my settlement to come through?
Yes, if you have no reason to believe that your settlement application will be refused. If you are granted settlement then whether the child has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - becomes irrelevant. Any "overstay" won't affect the child's entitlement for British citizenship, if/when you're granted ILR. After settlement, register your child as a British citizen (as explained above).
Q32 - When should I consider including my UK-born child in my settlement application?
Under the following circumstances:
1. - If your UK-born-child had applied for leave in the past which is due to expire before you can expect a decision on your settlement application and you have reason(s) to believe that your settlement application may be refused. Including the child in your application will ensure that the child gets the same appeal rights as you do.
2. If you wish to travel abroad with the child soon after you receive settlement and do not have the time to apply for child's registration and British passport (and receive these documents) before you travel.