Would ILR be refused - UK born child before parents settled but they are now

[Munns]

Hi All

When our child was born in UK in 2013, my wife and me were on Tier1 General visas. So we got him an Indian passport and as well as PBS dependent visa for him.
While in Sep 2015, when my wife and me applied for ILR we were double-minded as to get him an ILR or BC so left it there while we both got our ILR. But now he is nearing his PBS dependent visa expiry i.e. this December 2017.
So when we made up our mind to go ahead and get him an ILR, so far the advice from my friends/lawyers have been that he will be refused his ILR and his only option is to go for MN1 and then British passport.

The response is so far mixed bag, seen few close scenario posts but they were all more inclined towards getting the MN1 and BC.

To me sounds, it must be a straight forward with no issues whatsoever to issue him with an ILR. But my lawyer says he is born in UK and a PBS dependent so his only way out is to get MN1 because he says he seen cases in past where such applications were refused and were asked to take the British Citizenship.

guys please help! Please any inputs are highly appreciated and am already taking the fire from my wife for leaving it to the very last minute.

Thanks
Munnu

[Route to ILR]

HI Mannu,

As you and your wife got ILR and your child born in the UK. U need to register him as BC using MN1 form.

It doesn't matter whether he born before your ILR and having pbs dependent visa. Register him as BC.Even if child has no visa.
MN1 requirement is "at least one of the parent should have ILR and child born in the UK". So u r ok to go ahead with MN1.

One more piece of advice if any child born in the UK after your ILR. Straight apply for his/her British passport. No need to register him as BC.

Good Luck

[Abc499]

HI Mannu,

As you and your wife got ILR and your child born in the UK. U need to register him as BC using MN1 form.

It doesn't matter whether he born before your ILR and having pbs dependent visa. Register him as BC.Even if child has no visa.
MN1 requirement is "at least one of the parent should have ILR and child born in the UK". So u r ok to go ahead with MN1.

One more piece of advice if any child born in the UK after your ILR. Straight apply for his/her British passport. No need to register him as BC.

Good Luck

this is not what the OP asked for.

[Route to ILR]

What he has asked for than?

Help him, if u better understand his situation than me.

[Abc499]

To me sounds, it must be a straight forward with no issues whatsoever to issue him with an ILR. But my lawyer says he is born in UK and a PBS dependent so his only way out is to get MN1 because he says he seen cases in past where such applications were refused and were asked to take the British Citizenship.

Thanks
Munnu

I do not know what exactly the law says about it, but sounds nonsense to me to say your child ILR will be refused. Your child was eligible for ILR since you applied for ILR, so what is the event happened now that took away his eligibility?? Nothing happened. Yes your child is eligible to register as British but he is not British unless he register, so what is the reason not to grant ILR? I do not think any. Is there any law that child can not apply alone when parents already settled ? I do not think any.

I believe your thinking if correct and you can apply for child ILR (if there is any law that says no, then the law should be faulty). I think you are getting everyone's feedback that only way now is to get citizenship is because most of us/some lawyer only think to save some money of child ILR application and we made the practice in a way that looks UK born child ILR like something very strange.

You can ask for the info from your lawyer that which law prevent him from ILR and why he is not eligible now.

[CR001]

Stop listening to uninformed people who don't kno what they are talking about.

If you DO NOT wish to register your child as British, then you can apply for ILR and highly unlikely it will be refused. Not sure why you did not apply with you your ILR application as would have been simpler.

If you want to register the child as British, then you can SKIP the ILR application completely as a UK born child DOES NOT require ILR to register as British as they have an ENTITLEMENT to register.

[Munns]

What he has asked for than?

Help him, if u better understand his situation than me.

Apologies if I hadn't clearly explained my situation. I am keen to get an ILR for my son rather than MN1 and BC.

I think you are getting everyone's feedback that only way now is to get citizenship is because most of us/some lawyer only think to save some money of child ILR application and we made the practice in a way that looks UK born child ILR like something very strange.

You can ask for the info from your lawyer that which law prevent him from ILR and why he is not eligible now.

I have to agree with you on this. ILR for UK born child sounds certainly very strange to whomever I spoke to so far. So I can't really blame this on my lawyer as he himself hasn't heard of anyone going for ILR in a situation like this. Thanks for your reply gives me that much wanted confidence!

Stop listening to uninformed people who don't kno what they are talking about.

If you DO NOT wish to register your child as British, then you can apply for ILR and highly unlikely it will be refused. Not sure why you did not apply with you your ILR application as would have been simpler.

If you want to register the child as British, then you can SKIP the ILR application completely as a UK born child DOES NOT require ILR to register as British as they have an ENTITLEMENT to register.

Thanks for your reply. Hmmm I myself ask me the same question why I didn't get him the ILR at the same time as me. As I said before, we couldn't take a call then to go with a either ILR or BC and moreover he had almost 2 yrs on his PBS dependent visa then, so we decided that's ample time to make a decision.

Ok, one last question - please can some confirm is it Set (0) or Set (F) application I need to use for his ILR application?

Thanks all once again!
Munnu

[CR001]

You can use either form to apply for the child's ILR.