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ILR inquiry for family members

Posted: Wed Jul 13, 2011 8:06 pm
by Sapphire
Hi Experts

I have some questions regarding ILR so wondering if anyone could help?

I have a son and a daughter (both) born in the UK. My son who is 2 yrs. old has already got Tier-1 visa stamped on his passport. However, my daughter recently born doesn't hold any passport and/or visa.

I am currently on Tier 1 and my ILR application is due next year.

I need an advice if I should include both of them in my ILR application? I came to know from sources that if parents are on ILR (say if I get my ILR) and if they have kids born in UK then kids are eligible directly for the British passport? If that is true, will this eliminate the need for including my kids in Tier 1 application (obviously this will save me lot of money and hassle)

Can anyone please advice?

Thanks

Posted: Wed Jul 13, 2011 8:58 pm
by John
This comes down to whether the newly-born daughter will leave the UK, or rather re-enter the UK prior to when you apply for your ILR. If no, don't bother applying for a visa for her, or including her in the ILR application.

Then as soon as you have your ILR, an application to Register your child as a British Citizen can be made, using form MN1. The application will be under section 1(3), which is an entitlement application, no UKBA discretion involved.

As soon as the child is British they can apply for a British passport.

Re: ILR inquiry for family members

Posted: Wed Jul 13, 2011 9:08 pm
by mk357
Sapphire wrote:Hi Experts

I have some questions regarding ILR so wondering if anyone could help?

I have a son and a daughter (both) born in the UK. My son who is 2 yrs. old has already got Tier-1 visa stamped on his passport. However, my daughter recently born doesn't hold any passport and/or visa.

I am currently on Tier 1 and my ILR application is due next year.

I need an advice if I should include both of them in my ILR application? I came to know from sources that if parents are on ILR (say if I get my ILR) and if they have kids born in UK then kids are eligible directly for the British passport? If that is true, will this eliminate the need for including my kids in Tier 1 application (obviously this will save me lot of money and hassle)

Can anyone please advice?

Thanks
This question has been asked many times. Once you get your ILR, you can register your UK born children as British Citizen using Form MN1. Once you get their certificates then you could apply for their passports.

Posted: Wed Jul 13, 2011 9:16 pm
by Sapphire
Many thanks for the reply John, no we dont have any plans to leave/re-enter UK

Could you please also advice for my son who is also a British born (but do hold a passport/tier 1 (G) visa).

Do I need to include him in the ILR application? Does same process is true for him as well that you have mentioned in your previous post? Eliminating him from the ILR application will save me some £489

Thanks

Posted: Wed Jul 13, 2011 9:29 pm
by John
For your British-born son, do not include him in the ILR application, and yes, do use a form MN1 for him, at the same time as you use such a form for your daughter.