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ILR Application for Kids born in UK
Posted: Fri Aug 14, 2020 11:13 am
by rezamalakooti
Hi, The Tier-2 general work visa will be expired this October for myself, my wife and my daughter and we are going to apply for ILR soon. My plan was to apply for ILR for myself and my wife through priority service and then apply for citizenship for my daughter right away as she was born in UK. Since the priority service is not available due to Covid, our ILR application likely lasts for upto six months to receive the BRP cards which would be far from 19th October, the expiry date of my daughter's visa.
My question is: can I wait until I receive the BRP and then apply for her citizenship while she will be without any valid visa during this period or I have to apply for her ILR as well at the same time I am applying for myself and my wife? Your help is mush appreciated.
Re: ILR Application for Kids born in UK
Posted: Fri Aug 14, 2020 11:15 am
by CR001
can I wait until I receive the BRP and then apply for her citizenship while she will be without any valid visa during this period
Yes. Note though that she will likely not be eligible for free NHS once her visa expires. You will have to pay 150% of cost.
Or I have to apply for her ILR as well at the same time I am applying for myself and my wife?
No.
Re: ILR Application for Kids born in UK
Posted: Fri Aug 14, 2020 12:28 pm
by rezamalakooti
Thanks for the quick reply, really appreciated. Just one more question: With regards to NHS costs, does this also apply for GP appointments that I have to pay?
Re: ILR Application for Kids born in UK
Posted: Fri Aug 14, 2020 12:37 pm
by CR001
All NHS services as far as I am aware.
Re: ILR Application for Kids born in UK
Posted: Fri Aug 14, 2020 3:43 pm
by vinny
Re: ILR Application for Kids born in UK
Posted: Tue Sep 22, 2020 4:17 pm
by rezamalakooti
Hi All,
Today I have received this email from UK Visas and Immigration with regards to my question about applying for ILR for my kid (born in UK).
Thank you for your enquiry dated the 5th August regarding ILR.
You will need to submit a application for a visa for your daughter or she would be classed as overstaying and that would jeopardise her registration as a British national.
Settle in the UK as a child under 18: form SET(F)
Form to apply for indefinite leave to remain in the UK if you are a child under the age of 18.
https://www.gov.uk/government/publicati ... -form-setf
Please note the onus is upon individual customers to ensure that they satisfy the requirements for the visa they are applying for. Guidance material accompanies each and every application and should be considered when making an application. UK Visas and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration.
Directing you to the guidance material is the only advice we can give you. If you need any further help you should seek independent immigration advice. Immigration advisers can help you with immigration matters, including completion of forms and representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which mean they must meet certain standards.
Please see the below link to find an immigration adviser:
https://www.gov.uk/find-an-immigration-adviser
Yours Faithfully
Earlier, you advised I don't need to apply ILR for my kid but this above email says I have to. Do you have any comment with regards to this email. Thanks
Re: ILR Application for Kids born in UK
Posted: Tue Sep 22, 2020 5:40 pm
by vinny
A UK born child is
entitled to register immediately after a parent is granted ILR.
Re: ILR Application for Kids born in UK
Posted: Tue Sep 22, 2020 6:05 pm
by rezamalakooti
Thanks for your reply. In my case, when I am granted ILR, it will be likely after the expiry visa date of my daughter because only standard ILR route option is available due to covid and it takes up to six months.
Does this mean my daughter will be overstayed as her visa expired and it might complicate or reject her citizenship application?
Is there any written documentation somewhere by gov.uk about this entitlement and saying I don't need to apply for her ILR now?
Re: ILR Application for Kids born in UK
Posted: Tue Sep 22, 2020 11:52 pm
by vinny
Under
Section 1(3), there’s no requirement for child to have leave. If child is under 10 years old, then there’s also
no requirement to satisfy the
Good character requirements. Moreover, caseworkers are also instructed to
disregard children’s
overstaying in general.
However, a possible problem is the NHS. An
alternative is to get adequate
health insurance cover for child?
Re: ILR Application for Kids born in UK
Posted: Wed Sep 23, 2020 5:06 pm
by gag285
rezamalakooti wrote: ↑Tue Sep 22, 2020 4:17 pm
Hi All,
Today I have received this email from UK Visas and Immigration with regards to my question about applying for ILR for my kid (born in UK).
Thank you for your enquiry dated the 5th August regarding ILR.
You will need to submit a application for a visa for your daughter or she would be classed as overstaying and that would jeopardise her registration as a British national.
Settle in the UK as a child under 18: form SET(F)
Form to apply for indefinite leave to remain in the UK if you are a child under the age of 18.
https://www.gov.uk/government/publicati ... -form-setf
- I have a similar case and I started a thread some time ago. I had also emailed UKVI asking the same question really. No answer so far but I am curious why are they calling it SET(F). Its either SET(O) for all dependents as the OP has the option to do so or MN1 after they receive their own ILR. How does SET(F) come into the picture. I have two dependents in the same boat.
Re: ILR Application for Kids born in UK
Posted: Wed Sep 23, 2020 6:08 pm
by rezamalakooti
That's my question as well why SET(F)? Does this email from the the UKVI officer make sense at all?
Re: ILR Application for Kids born in UK
Posted: Wed Sep 23, 2020 6:36 pm
by CR001
It is a generic email.
She does NOT require a visa or ILR to register as British if she is UK born.