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ILR or Register as a BC

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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rajeesh84
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Joined: Thu Jul 19, 2018 7:24 pm
India

ILR or Register as a BC

Post by rajeesh84 » Sun Feb 03, 2019 10:59 am

Hi,

My daughter was born outside the UK in September 2016(both parents were not settled at that time). My wife has been granted ILR in February 2018. Could anyone help to confirm which is the right settlement route for my daughter? Is it ILR or registration?

My daughter is currently in India with her mother. If the only option is ILR, we are planning to bring her back before 180 days absence from the UK.

If there is an option to register as a British citizen, she could stay there for a minimum of 270 days within 3 years of application (if I am right!!)

I will be eligible for ILR in April 2020.

Kind Regards,
Rajeesh

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CR001
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Re: ILR or Register as a BC

Post by CR001 » Sun Feb 03, 2019 11:44 am

A child born abroad is expected to hold ILR before they can register as British and can only register as British, after ILR, when either parent is applying with the child or is already British and the other holds ILR.

There is no entitlement to register for children born abroad.

If you hold a tier 2 dependent visa, then the child will qualify for ILR when you apply for ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rajeesh84
Newly Registered
Posts: 6
Joined: Thu Jul 19, 2018 7:24 pm
India

Re: ILR or Register as a BC

Post by rajeesh84 » Sun Feb 03, 2019 12:15 pm

Thanks for the reply!

bsc2007
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Joined: Sat Jul 21, 2012 7:36 am
India

Re: ILR or Register as a BC

Post by bsc2007 » Sun Feb 03, 2019 5:52 pm

CR001 wrote:
Sun Feb 03, 2019 11:44 am
can only register as British, after ILR, when either parent is applying with the child or is already British and the other holds ILR.
So for a child, there is no need to complete one year after the ILR. Is that correct? Is that also the case for the spouse?

rajeesh84 wrote:
Sun Feb 03, 2019 10:59 am
If there is an option to register as a British citizen, she could stay there for a minimum of 270 days within 3 years of application (if I am right!!)
Is there any time limit on the number of days you can spend outside the UK after getting a British passport? I thought that a British passport can never be revoked unless you are found to be a terrorist or something...

bsc2007
Member
Posts: 174
Joined: Sat Jul 21, 2012 7:36 am
India

Re: ILR or Register as a BC

Post by bsc2007 » Sun Feb 03, 2019 7:34 pm

bsc2007 wrote:
Sun Feb 03, 2019 5:52 pm
CR001 wrote:
Sun Feb 03, 2019 11:44 am
can only register as British, after ILR, when either parent is applying with the child or is already British and the other holds ILR.
So for a child, there is no need to complete one year after the ILR. Is that correct? Is that also the case for the spouse?

rajeesh84 wrote:
Sun Feb 03, 2019 10:59 am
If there is an option to register as a British citizen, she could stay there for a minimum of 270 days within 3 years of application (if I am right!!)
Is there any time limit on the number of days you can spend outside the UK after getting a British passport? I thought that a British passport can never be revoked unless you are found to be a terrorist or something...
https://www.gov.uk/apply-citizenship-spouse

- The dependents with ILR will be able to apply for British Citizenship as soon as the main applicant has got British Citizenship. No need to wait for one year.

- MAXIMUM 270 days outside the UK in 3 years before application. No limit to stay outside UK after you have got British passport. Sorry for misreading.

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