Child born to parents applying for ILR

[mharoon79]

Hi Every one,
My son born in UK 2009 and he travelled back country in 2012 on dependent visa. Currently , his passport has been expired. Do I need to submit his ILR application along with mine? My ILR due in June 2016

Hope to get reply at the earliest.

[Casa]

Do you mean he has been living outside of the UK since he left in 2012?

[mharoon79]

Do you mean he has been living outside of the UK since he left in 2012?

He been outside UK from Aug 2012 to Sep 2012.

[CR001]

Do you intend to apply for the child to be registered as British?

[mharoon79]

Do you intend to apply for the child to be registered as British?

He has not yet qualified for British passport as he still on dependent visa.

[CR001]

Do you intend to apply for the child to be registered as British?

Please read my question properly.

[mharoon79]

Do you intend to apply for the child to be registered as British?

Please read my question properly.

Yes, I will apply for his British passport as soon as I get my ILR. My ILR is due June 16

[CR001]

He cannot apply directly for a passport, he is not British.

A UK born child DOES NOT require ILR to register as British on form MN1 under section 1(3) of the nationality act, which you can do once you are granted ILR and have your BRP.

[mharoon79]

He cannot apply directly for a passport, he is not British.

A UK born child DOES NOT require ILR to register as British on form MN1 under section 1(3) of the nationality act, which you can do once you are granted ILR and have your BRP.

Many thanks for detailed reply. I meant, my son's back country passport has been expired last year. He travelled back country once since he born. Would there be any problem when I will apply for his BP?

[ohara]

Did you read CR001's post above The child is not British so cannot apply for a British passport.

Once you have ILR, you can apply to register the child as a British citizen. Only once that has been done can the child apply for a British passport.

The child does not need ILR as it was born in the UK and has an entitlement to register once one parent is settled.

[mharoon79]

Main applicant on Tier 1 (G) 5 years route and ILR due June 2016. Wife is on Tier 1 (G) PBS dependent visa and will apply for ILR along with main applicant
Query
My daughter which is under 18 came in the UK 2009 on PSW dependent visa which was granted 2009. The main applicant had PSW in 2009 and switched over to Tier 1(G) in 2011. Since 2011, She has been on Tier 1(G) dependent visa. Does she have to meet ILr requirement i.e English language and Life in the UK test?

[vinny]

No, children under 18 are exempted from the KOLL requirement (3.1). Note that if your daughter was not born in the UK, then she should apply for ILR in line with you.

[mharoon79]

Thanks for quick attention.
My son born in UK and has been on Tier (G) PBS dependent visa since 2011. Do I have to submit his ILR application along with main applicant?

[vinny]

CR001 and ohara have already correctly answered.

[mharoon79]

Please see following reply from Home office for the same query. Thats why I re stated my query on forum

"Please be advised that if you did apply for the child who was born in the UK as your dependant then we would advise you to continue to regularise the child’s stay in the UK. However to find out about the requirements to register child as a British Citizen you will need to make enquiries with Nationality Enquiries on telephone number 0300 123 2253 option 1."

[vinny]

You may regularise your child's status in the UK by registering him as a British citizen immediately after you are granted ILR.

However, if he's over 10 and is in danger of overstaying, then he should apply for ILR with you.

[mharoon79]

Hi Vinny
I submitted ILR application on 24 June 2016 including wife and 1 child (daughter) born out of UK. My son born in UK 13 dec 2009 and I did not submit his ILR application as The child does not need ILR as it was born in the UK and has an entitlement to register once one parent is settled (quoted from forum).

Now , I recieved following from Home office

AS the Home Office is dedicated to protecting and safeguarding the interests of children , we therefore would ask that you now confirm the whereabouts of (Son name date of birth 13 Dec 2009) , as we have not recieved an application for Indefinite leave to Remain in line with your own application

Hope to get a reply at the earliest
Regards
M.Haroon

[CR001]

Simply write back stating that as son was born in the UK, you will be registering him on MN1 under section 1(3) of the BNA once your ILR has been approved.

[mharoon79]

Many thanks for instant reply.
Do I have to send HO child birth certificate or any other evidence?

[CR001]

No, should not be necessary.

[mharoon79]

Hi CR001,

AS the Home Office is dedicated to protecting and safeguarding the interests of children , we therefore would ask that you now confirm the whereabouts of (Son name date of birth 13 Dec 2009) , as we have not recieved an application for Indefinite leave to Remain in line with your own application


I have drafted following send to HO.

My son name ABC Son of XYZ born in the United Kingdom dated on 13th December 2009. I did not submit his ILR application because my son was born in the United Kingdom therefore, I will be registering him on MN1 under section 1(3) of the BNA once my ILR has been approved.

would the above be enough ?
Many thanks

[CR001]

Yes, should be fine.

[mharoon79]

Hi Cr001,
I have been browsing to find "TAX ENQUIRY under Tier 1 (G) rule" forum but could not find it. can I ask in this forum or you direct me relevant forum please

[CR001]

Hi Cr001,
I have been browsing to find "TAX ENQUIRY under Tier 1 (G) rule" forum but could not find it. can I ask in this forum or you direct me relevant forum please

What exactly are you trying to establish or find out?

[mharoon79]

Home office asked following documents:
1 please return questionnaire summarising financing to your self employment. I have got all detail
2 Provide SA302
3. If you are the director of a limited company , please also provide audited annual accounts where available , and unaudited accounts if not up to 5 years. please also provide company tax return for the period that your business has been trading up to 5 years.

I started limited company Nov 2015 and HO asked for last 5 years tax return .