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Tier 2 extension baby (no nationality)

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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jedi900
Newbie
Posts: 43
Joined: Sun Jul 10, 2016 3:48 pm
United Kingdom

Tier 2 extension baby (no nationality)

Post by jedi900 » Tue Apr 09, 2019 2:26 pm

Hi Guys

Quick question. I have completed my application for myself my wife and my new born child (10 weeks old).

The baby is eligible for an Australian citizenship, but the process will take some time after i make the application. As such at present he is stateless.

When completing the Tier 2 extension and adding him as a dependent there is a question about his nationality, do i select Australia even though he hasn't yet gotten his citizenship? there is no option for None.

Regards
Kunaal

jedi900
Newbie
Posts: 43
Joined: Sun Jul 10, 2016 3:48 pm
United Kingdom

Re: Tier 2 extension baby (no nationality)

Post by jedi900 » Tue Apr 09, 2019 2:43 pm

My other option is to apply for myself and wife first. and then apply for my baby. Since i am going the priority route i would rather the application not be refused. I do need to ensure the application comes back by may as i know there is a three month rule regarding babies and medical treatment under NHS. his three months end on May 2nd :(

jedi900
Newbie
Posts: 43
Joined: Sun Jul 10, 2016 3:48 pm
United Kingdom

Re: Tier 2 extension baby (no nationality)

Post by jedi900 » Fri Apr 12, 2019 10:25 am

Looks like this was a tough one fro everyone. No matter I think i figured it out after reading the following guidance:

What I think this means is that whilst he is stateless (technically) if he applies at the same time as me (the main applicant) then he is taken to be my family member and nationality is not an issue.

I'm going to make the application and see what happens.

https://assets.publishing.service.gov.u ... __EXT_.pdf

3.5 Dependants included in the application
Spouses or partners and dependent children already accepted as such who are
accompanying the applicant in the UK should, irrespective of their national status, be
included in the application form. Where no previous application has been made for
leave to remain, spouses or partners and dependent children can apply as the family
members of a stateless person providing they meet the relevant requirements of the
rules for dependants.
If a spouse or partner or child wishes to be considered individually as a stateless
person, they must complete and submit a separate application. Where the factual
basis for family members is the same, any related applications must be linked and
considered together. If the main application is granted, family members are granted
leave in line with the stateless person.

Note: Will update after application, for anyone that faces the same situation.

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