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children - ILR, Tier 1 dependent.

Posted: Wed Oct 19, 2011 12:02 am
by botech79
Hi

I am about to apply for my ILR and wanted to know if I dont apply for my kids ILR along with me.
She is born in the UK, then travelled to India. She has a Tier 1 dependent visa.

Now when I receive ILR and if I didnt include her in my application, then would the Tier 1 dependent visa be invalid and can she travel outside the country.

I know from previous posts that I can make an application for my daughter for citizenship after we are granted ILR, I am consious of the timelines to it.

We might have a trip to India planned soon so just wondering if I can apply for her citizenship after we come back?

Is this possible ? your help is much appreciated.

Posted: Wed Oct 19, 2011 10:48 am
by botech79
hello everyone,

if anyone has information on this please share. it would be of great help

Posted: Wed Oct 19, 2011 10:48 am
by geriatrix
If the child intends to travel and your travel plans are such that you may not have the time to apply for (and receive) your child's registration and (British) passport, then you should include your child in the settlement application.

Specially so if you (and therefore your child) is a visa national, because the child will need entry clearance to (re)enter UK.

Easier for non-visa nationals who can be granted leave to enter at a UK port, but not for visa nationals who need prior entry clearance.

If the child tries to (re)enter UK on a Tier 1 dependant leave at a time when the sponsoring Tier 1 migrant has been granted settlement / citizenship then the child may be denied entry under 321A(1).

Thanks for asking the question! Have added the scenario as an example in the FAQs! :)