ILR for UK born child

[ivata]

Dear all,
my husband and I are applying for ILR under Tier 1 Entrepreneur visa 5 years route.
Our child was born in the UK in 2017, at that time my husband and I hold BRP (Biometric Residence Permit valid until 06.2019). When our baby was 2 months old we traveled back to Belarus to make a passport for him and open Tier 1 dependent visa. The BRP was issued for him and is valid until 06.2019 (the same as ours).
The question is: should we apply our child for ILR (we apply together with my husband) or
shall we make a visa extension for him?
will appreciate your advice.
Thank you.

[CULLINAN]

Dear all,
my husband and I are applying for ILR under Tier 1 Entrepreneur visa 5 years route.
Our child was born in the UK in 2017, at that time my husband and I hold BRP (Biometric Residence Permit valid until 06.2019). When our baby was 2 months old we traveled back to Belarus to make a passport for him and open Tier 1 dependent visa. The BRP was issued for him and is valid until 06.2019 (the same as ours).
The question is: should we apply our child for ILR (we apply together with my husband) or
shall we make a visa extension for him?
will appreciate your advice.
Thank you.

If the child is born in UK, the child is eligible to be registered as British Citizen after one of the parent gets ILR. No need to apply for child extension or ILR. You can register child as BC via MN1 form after you get your ILR.

Note: Sometimes Home Office may ask why you have not applied for your child dependent with yourself. Simply add a cover letter with your application and state that you will register your UK born child as BC after your ILR is sorted.


What did the child use to go back to Belarus in 2017? You said you made his passport in Belarus. How did he fly to Belarus?

[bizman]

Just register the child as BC after your ILR

[ivata]

Dear all,
my husband and I are applying for ILR under Tier 1 Entrepreneur visa 5 years route.
Our child was born in the UK in 2017, at that time my husband and I hold BRP (Biometric Residence Permit valid until 06.2019). When our baby was 2 months old we traveled back to Belarus to make a passport for him and open Tier 1 dependent visa. The BRP was issued for him and is valid until 06.2019 (the same as ours).
The question is: should we apply our child for ILR (we apply together with my husband) or
shall we make a visa extension for him?
will appreciate your advice.
Thank you.

If the child is born in UK, the child is eligible to be registered as British Citizen after one of the parent gets ILR. No need to apply for child extension or ILR. You can register child as BC via MN1 form after you get your ILR.

Note: Sometimes Home Office may ask why you have not applied for your child dependent with yourself. Simply add a cover letter with your application and state that you will register your UK born child as BC after your ILR is sorted.


What did the child use to go back to Belarus in 2017? You said you made his passport in Belarus. How did he fly to Belarus?

Hello, Thank you for your advice. We flied to Belarus with a temporary Belarussian passport which was issued by the Belarussian Embassy in the UK. This document works like entrance permission and you can use it just for traveling back to Belarus. As soon as you apply for the normal national passport, the issuing authority withdraws the temporary passport.
One more question regarding the ILR application process: we are applying in the beginning of April (my husband and I), and our child's BRP is valid just until mid June. As I know the ILR process can take up to 6 months, which means that on the moment we get the ILR, our child's BRP will have been expired (3 months overstaying). will it be a violation of visa regime and will I still be able to apply for our child's BC?
Thank you

[ivata]

Just register the child as BC after your ILR

Hello Bizman,
thank you for your advice.

[CULLINAN]

Dear all,
my husband and I are applying for ILR under Tier 1 Entrepreneur visa 5 years route.
Our child was born in the UK in 2017, at that time my husband and I hold BRP (Biometric Residence Permit valid until 06.2019). When our baby was 2 months old we traveled back to Belarus to make a passport for him and open Tier 1 dependent visa. The BRP was issued for him and is valid until 06.2019 (the same as ours).
The question is: should we apply our child for ILR (we apply together with my husband) or
shall we make a visa extension for him?
will appreciate your advice.
Thank you.

If the child is born in UK, the child is eligible to be registered as British Citizen after one of the parent gets ILR. No need to apply for child extension or ILR. You can register child as BC via MN1 form after you get your ILR.

Note: Sometimes Home Office may ask why you have not applied for your child dependent with yourself. Simply add a cover letter with your application and state that you will register your UK born child as BC after your ILR is sorted.


What did the child use to go back to Belarus in 2017? You said you made his passport in Belarus. How did he fly to Belarus?

Hello, Thank you for your advice. We flied to Belarus with a temporary Belarussian passport which was issued by the Belarussian Embassy in the UK. This document works like entrance permission and you can use it just for traveling back to Belarus. As soon as you apply for the normal national passport, the issuing authority withdraws the temporary passport.
One more question regarding the ILR application process: we are applying in the beginning of April (my husband and I), and our child's BRP is valid just until mid June. As I know the ILR process can take up to 6 months, which means that on the moment we get the ILR, our child's BRP will have been expired (3 months overstaying). will it be a violation of visa regime and will I still be able to apply for our child's BC?
Thank you

If the child is UK born, the child visa expiry will have no impact on registering the child as BC.

[bizman]

You don’t have to apply for ILR for your baby. Do yours and register your child upon approval of your ILR

[ivata]

Dear all,
my husband and I are applying for ILR under Tier 1 Entrepreneur visa 5 years route.
Our child was born in the UK in 2017, at that time my husband and I hold BRP (Biometric Residence Permit valid until 06.2019). When our baby was 2 months old we traveled back to Belarus to make a passport for him and open Tier 1 dependent visa. The BRP was issued for him and is valid until 06.2019 (the same as ours).
The question is: should we apply our child for ILR (we apply together with my husband) or
shall we make a visa extension for him?
will appreciate your advice.
Thank you.

If the child is born in UK, the child is eligible to be registered as British Citizen after one of the parent gets ILR. No need to apply for child extension or ILR. You can register child as BC via MN1 form after you get your ILR.

Note: Sometimes Home Office may ask why you have not applied for your child dependent with yourself. Simply add a cover letter with your application and state that you will register your UK born child as BC after your ILR is sorted.


What did the child use to go back to Belarus in 2017? You said you made his passport in Belarus. How did he fly to Belarus?

Hello, Thank you for your advice. We flied to Belarus with a temporary Belarussian passport which was issued by the Belarussian Embassy in the UK. This document works like entrance permission and you can use it just for traveling back to Belarus. As soon as you apply for the normal national passport, the issuing authority withdraws the temporary passport.
One more question regarding the ILR application process: we are applying in the beginning of April (my husband and I), and our child's BRP is valid just until mid June. As I know the ILR process can take up to 6 months, which means that on the moment we get the ILR, our child's BRP will have been expired (3 months overstaying). will it be a violation of visa regime and will I still be able to apply for our child's BC?
Thank you

If the child is UK born, the child visa expiry will have no impact on registering the child as BC.

Hello and thank you very much for your advice. Could you tell me is there any document/paragraph saying this ("the child visa expiry will have no impact on registering") , so I can refer to. Thank you.

[ivata]

You don’t have to apply for ILR for your baby. Do yours and register your child upon approval of your ILR

Hello and thank you very much for your advice. Could you tell me is there any document/paragraph saying this ("the child visa expiry will have no impact on registering"), so I can refer to.
Thank you.

[CULLINAN]

Quoting CR001 from another similar thread:

“Post by CR001 » Sat Mar 23, 2019 8:37 pm

It has no effect on your UK born children to register as British even if their visas have expired. They have an entitlement to register as British under Section 1(3) of the British Nationality Act once EITHER parent is granted ILR.“

Wait for her to confirm the relevant paragraph as I dont know.

[bizman]

You don’t have to apply for ILR for your baby. Do yours and register your child upon approval of your ILR

Hello and thank you very much for your advice. Could you tell me is there any document/paragraph saying this ("the child visa expiry will have no impact on registering"), so I can refer to.
Thank you.

Think this link should help
https://www.gov.uk/british-citizenship