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Child born in UK previously granted leave (ILR, SET O, MN1,

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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MAB2012
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Child born in UK previously granted leave (ILR, SET O, MN1,

Post by MAB2012 » Thu Nov 20, 2014 11:34 pm

I am going to apply for ILR next month and wondering if I have to include my child who was born in the UK in 2012 and was previously granted leave to remain in the UK when we (me and my wife) applied for Extension (Tier 1 General) in 2013.

A quick reply will be highly appreciated as I need to get the booking accordingly (without or with the child as per the advice) any time this week.

Moreover can the UKBA people at PEOs object on why I never include the child in ILR application (since the child will be with us at the PEOs for our (me and my wife's) ILR application if I decide to register the child as a British Citizen after me and my wife get the ILR?

Thanks in advance.

Subtle
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by Subtle » Thu Nov 20, 2014 11:42 pm

When is your child's current leave expiring?
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Thu Nov 20, 2014 11:45 pm

Should be okay.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

MAB2012
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by MAB2012 » Thu Nov 20, 2014 11:47 pm

Our current leave is expiring on 27th of Jan. 2015.

MAB2012
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by MAB2012 » Thu Nov 20, 2014 11:52 pm

Would you mind clarifying if I should include the child in the ILR application or apply for registration as a British Citizen via MN1 after we get the ILR?


Thanks for providing the link.

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Thu Nov 20, 2014 11:58 pm

Okay to exclude UK-born child for ILR and register child after you are granted ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

MAB2012
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by MAB2012 » Fri Nov 21, 2014 9:38 am

Thanks a lot Vinny for your help/advice.

MAB2012
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by MAB2012 » Fri Nov 28, 2014 10:49 am

I need to ask another question if you don't mind Vinny.

Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?

The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!

Thanks in Advance

UKBALoveStory
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by UKBALoveStory » Fri Nov 28, 2014 10:53 am

MAB2012 wrote:I need to ask another question if you don't mind Vinny.

Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?

The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!

Thanks in Advance
SET(O) if she is on Tier 1 dependent visa.
I am not an immigration adviser...All IMHO.

MAB2012
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by MAB2012 » Fri Nov 28, 2014 10:18 pm

]I need to ask another question if you don't mind Vinny.

Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?

The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!

Thanks in Advance

SET(O) if she is on Tier 1 dependent visa.


Thanks a lot for your quick reply.

Regards

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Fri Nov 28, 2014 10:29 pm

You may include your wife in your SET(O), if she has leave as your PBS dependant.
Apply to settle in the UK wrote:Family members (dependants)

Your partner and children under 18 can apply on the same form as you if they’re eligible.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sagareva
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by sagareva » Sun Nov 30, 2014 1:25 am

MAB2012 wrote:I am going to apply for ILR next month and wondering if I have to include my child who was born in the UK in 2012 and was previously granted leave to remain in the UK when we (me and my wife) applied for Extension (Tier 1 General) in 2013.

A quick reply will be highly appreciated as I need to get the booking accordingly (without or with the child as per the advice) any time this week.

Moreover can the UKBA people at PEOs object on why I never include the child in ILR application (since the child will be with us at the PEOs for our (me and my wife's) ILR application if I decide to register the child as a British Citizen after me and my wife get the ILR?

Thanks in advance.
if this is a UK-born child, you do not need to apply for ILR
no one cares when their visa expires, they will be eligible for registration as citizen the moment you get ILR
they cannot force the child to apply and most likely will take zero interest in this, such initiative is really not in their normal realm of enquiry,
if --very unlikely -- they do ask, say the child is not applying at this moment
the only sticky situation may arise if for some reason you do not get ILR or your application is delayed, and the child's dependant visa expires in the meantime. but you will be able to take action on that later should something like that happens. it is no reason to preemptively waste money on a needless ILR application -- ILR application for a UK-born child is basically nonsense IMHO
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

sagareva
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by sagareva » Sun Nov 30, 2014 1:26 am

MAB2012 wrote:I need to ask another question if you don't mind Vinny.

Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?

The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!

Thanks in Advance

set(o) in your case
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

MAB2012
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by MAB2012 » Sun Dec 21, 2014 2:08 pm

Thanks for all the people on this wonderful forum who gave me the advice not to include my UK born Child in my ILR application on SET O. I got ILR yesterday.

Now, I want to know if I should use one of the Naturalisation offices for my Child's registration as a British Citizen or apply myself on MN1?

ilratlast
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by ilratlast » Sun Dec 21, 2014 9:13 pm

Many thanks for every one on this very helpful forum. I am in a similar situation. I got my ILR but I did not include my child in my ILR application. I need to apply to register my child as a British citizen. I need to know which form i should use especially my child visa is expired now. Any help will be very much appreciated.

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Sun Dec 21, 2014 11:26 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ilratlast
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by ilratlast » Sun Dec 21, 2014 11:40 pm

Thank you very much Vinny. My child is 10 months old and he does not have a passport. Is it enough to submit his birth certificate or we need to submit another ID (travel document issued by my embassy for example)? Many thanks in advance.

rahuls
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by rahuls » Mon Dec 22, 2014 7:37 am

Hi,

I have got a question on similar lines. I got my ILR last week and I did not include my UK born child as I was thinking of registering him as british citizen. However a travel has come up and I need to travel within 2 months. Can I travel with my son on his current dependent visa, it still has 2 years left on it? I don't think I would get his british passport within 2 months.

Please advise.

Thanks

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Mon Dec 22, 2014 8:19 am

ilratlast wrote:Thank you very much Vinny. My child is 10 months old and he does not have a passport. Is it enough to submit his birth certificate or we need to submit another ID (travel document issued by my embassy for example)? Many thanks in advance.
The form should say what's required. If he does not have a passport, then he does not need to submit one.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Mon Dec 22, 2014 8:22 am

rahuls wrote: Can I travel with my son on his current dependent visa, it still has 2 years left on it?
I think so.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rahuls
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by rahuls » Wed Dec 24, 2014 4:27 pm

Hi Vinny,

Thanks a lot for your response. I went through the links that you had suggested and read 319 G to 319 I from Immigration Rules Part 8 and clause 7.20 from "Explanatory Memorandum". However they talk about the eligibility to apply for leave to enter or remain in UK for children. And that is meant to provide the child a either a route to join his parents in UK or extend his leave in UK in order for him/her to stay with his parents.

However in my case I had two options for my child i.e. either to include him in my ILR application or apply for his british passport. So I was just worried if I travel with my son on his dependent visa then the border agency may question that why didn't i take the options available with me.

Are you or any body else is aware or have been through this situation and travelled with child on a dependent visa while the parent had ILR?

Please provide your valuable comments.

Thanks

rahuls
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by rahuls » Mon Dec 29, 2014 1:46 pm

Hi Vinny,

Can you please provide your valuable comments.

Thanks

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Mon Dec 29, 2014 1:56 pm

I don't think that child will have any problems travelling.

Moreover, do register your child now.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rahuls
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by rahuls » Tue Dec 30, 2014 10:40 pm

Hi Vinny,

Thanks for the response.
vinny wrote:Moreover, do register your child now
For your above comment, is that a requirement to register before travelling? Is there a timeframe after parent ILR before which I have to register?

Thanks

vinny
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Re: Child born in UK previously granted leave (ILR, SET O, M

Post by vinny » Tue Dec 30, 2014 10:46 pm

Before child reaches 18.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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