ILR for my son, born outside UK

[Belfastlife]

Hi,

Need help on applying ILR for my son ( Age 4). My son was born outside EU hold Tier 2 Dependent visa which is valid till Nov 2018 and both the parents have ILR.

He is currently living with his grandparents for last one year outside EU, so he needs to apply for ILR outside UK.

1) Which application should be used when applying from outside UK ( Set (F) or )
2) Last one year he was with his grandparents, will this be a problem for the ILR application?
3) Is there any restriction on number of days outside UK.
4) Can he make an application after his Tier 2 dependent visa expires?
5) Can he apply for citizenship directly without applying for ILR, if one of the parents gets naturalisation. ( Sorry this topic was discussed many time in forum )
6) Will he get the BRP card directly or do we need to collect his BRP card on his arrival from UK post office.

Thanks.

[CR001]

You cannot apply for ILR outside the UK.

Your child will need to return to the UK before the visa expiry.

[Belfastlife]

@CR001 Thankyou so much for the information.


Is there any restriction on number of days outside UK.

[CR001]

Not sure if the rule changes in January this year will have an effect.

indefinite-leave-to-remain/big-changes- ... 46559.html

[marcnath]

You cannot apply for ILR outside the UK.

Your child will need to return to the UK before the visa expiry.

I was trying to check this and found this clause 297 of the immigration rules.

297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he
...
....

This is distinct from section 298, which states:

298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
....
....

So, yes, it is correct you cannot apply for ILR from outside UK since by definition you are trying to remain.

But it appears you can apply for ILE (indefinite leave to enter) and convert that to ILR once the child arrives.

Regarding applying for British citizenship, again it appears you can include your child in your naturalisation application - that does not seem to require ILR or presence in the country. It is at the Home Secretary's discretion, however.

Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other issettled in the UK.