Tier 2 general to ILR, application submission and child status after ILR

[vikshi1]

Hi Experts, need some guidance with the below ILR application.

Tier 2 general applicant, came to UK in Sept 2014, Completes 5 year in Sept 2019 Child born in Uk 2017 and is on Dependent visa, sponsor license is expiring at the end of Oct 2019.

1) Can I submit an application after 4 year 11 months i.e., Aug 2019? or should I wait till I finish 5 years fully.

2) Should I wait for sponsor license to be renewed or does it impact my application in anyway at all or should I be concerned with it at all? as would submit a super priority application.

3) is child who is born in UK eligible for UK passport immediately after the parents get ILR or should he also stay on ILR for 1 year before applying for naturalisation?

thanks in advance. your expert opinions are much appreciated.

[CR001]

Tier 2 general applicant, came to UK in Sept 2014, Completes 5 year in Sept 2019 Child born in Uk 2017 and is on Dependent visa, sponsor license is expiring at the end of Oct 2019.

Are the going to renew the licence?

1) Can I submit an application after 4 year 11 months i.e., Aug 2019? or should I wait till I finish 5 years fully.

You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date. This has been answered 100s of times on the forum.

2) Should I wait for sponsor license to be renewed or does it impact my application in anyway at all or should I be concerned with it at all? as would submit a super priority application.

It could cause delays.

3) is child who is born in UK eligible for UK passport immediately after the parents get ILR or should he also stay on ILR for 1 year before applying for naturalisation?

A UK born child has an entitlement to register as British once EITHER parent gets ILR. The child does NOT need ILR either. Note children are REGISTERED not naturalised and passport is a separate process AFTER they become British.

[vikshi1]

Tier 2 general applicant, came to UK in Sept 2014, Completes 5 year in Sept 2019 Child born in Uk 2017 and is on Dependent visa, sponsor license is expiring at the end of Oct 2019.

Are the going to renew the licence?
Yes they are going to renew it.

1) Can I submit an application after 4 year 11 months i.e., Aug 2019? or should I wait till I finish 5 years fully.

You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date. This has been answered 100s of times on the forum.
Thanks, was making sure as the ILR page on gov.uk was mentioned 5 years hence a slight confusion. and is this the date of visa issue and not the date of entry into the country to be sure?

2) Should I wait for sponsor license to be renewed or does it impact my application in anyway at all or should I be concerned with it at all? as would submit a super priority application.

It could cause delays.
so, should I wait for the renewal before I apply or is it certain that there could be delays? is there a guidance on this that sponsor license need to be valid for so long etc.,?

3) is child who is born in UK eligible for UK passport immediately after the parents get ILR or should he also stay on ILR for 1 year before applying for naturalisation?

A UK born child has an entitlement to register as British once EITHER parent gets ILR. The child does NOT need ILR either. Note children are REGISTERED not naturalised and passport is a separate process AFTER they become British.

since the child born in uk is holding another country passport and is on a tier 2 dependent visa, thought they needed to get ILR, so by your comment, once I get my ILR successful I could just register the child as british though child currently holds another country passort?. please clarify. Also, is https://www.gov.uk/apply-citizenship-born-uk the correct link to apply for child registration as british citizenship? Thanks a ton again for this.

[CR001]

since the child born in uk is holding another country passport and is on a tier 2 dependent visa, thought they needed to get ILR, so by your comment, once I get my ILR successful I could just register the child as british though child currently holds another country passort?. please clarify. Also, is https://www.gov.uk/apply-citizenship-born-uk the correct link to apply for child registration as british citizenship? Thanks a ton again for this.

Holding a foreign passport has nothing to do with the childs entitlement to register as British.

Yes, the link is for under 18 year old though, form MN1.

https://www.gov.uk/apply-citizenship-born-uk/under-18

[vikshi1]

since the child born in uk is holding another country passport and is on a tier 2 dependent visa, thought they needed to get ILR, so by your comment, once I get my ILR successful I could just register the child as british though child currently holds another country passort?. please clarify. Also, is https://www.gov.uk/apply-citizenship-born-uk the correct link to apply for child registration as british citizenship? Thanks a ton again for this.

Holding a foreign passport has nothing to do with the childs entitlement to register as British.

Yes, the link is for under 18 year old though, form MN1.

https://www.gov.uk/apply-citizenship-born-uk/under-18

Thank you very much, in my previous update there are couple of more questions could you please respond on them.

[CR001]

What questions are you referring to that I have not responded to??

[vikshi1]

Are the going to renew the licence?
Yes they are going to renew it.


You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date. This has been answered 100s of times on the forum.
Thanks, was making sure as the ILR page on gov.uk was mentioned 5 years hence a slight confusion. and is this the date of visa issue and not the date of entry into the country to be sure? as my current visa is valid till sept 2020. can I still apply 28 days before by 5years as my visa isn't expiring soon.


It could cause delays.
so, should I wait for the renewal before I apply or is it certain that there could be delays? is there a guidance on this that sponsor license need to be valid for so long etc.,?

[CR001]

You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date. This has been answered 100s of times on the forum.
Thanks, was making sure as the ILR page on gov.uk was mentioned 5 years hence a slight confusion. and is this the date of visa issue and not the date of entry into the country to be sure? as my current visa is valid till sept 2020. can I still apply 28 days before by 5years as my visa isn't expiring soon.[/b

The 28 days before is a concession for ALL applications for ILR as the earliest date you can apply. You can apply at any time after this too. For Tier 2 is counts from visa ISSUE date, as clearly stated in the 'Calculating Continuous Residence' document.

so, should I wait for the renewal before I apply or is it certain that there could be delays? is there a guidance on this that sponsor license need to be valid for so long etc.,?

It needs to be valid at in date when you apply. It COULD possibly cause delays if it expires shortly after you apply.

[vikshi1]

since the child born in uk is holding another country passport and is on a tier 2 dependent visa, thought they needed to get ILR, so by your comment, once I get my ILR successful I could just register the child as british though child currently holds another country passort?. please clarify. Also, is https://www.gov.uk/apply-citizenship-born-uk the correct link to apply for child registration as british citizenship? Thanks a ton again for this.

Holding a foreign passport has nothing to do with the childs entitlement to register as British.

Yes, the link is for under 18 year old though, form MN1.

https://www.gov.uk/apply-citizenship-born-uk/under-18

Hopefully final question on this, so after we get ILR,

what would be the visa status of the child?
would I be able to travel on the previous dependent visa outside the country if needed?
or should I first get child be registered as british, get passport and then get the country visa to whom I'm travelling etc.,?

[CR001]

what would be the visa status of the child?

If the child has a valid visa then why do you believe the status is affected?

would I be able to travel on the previous dependent visa outside the country if needed?

The child can travel if they have a valid visa to return to the UK.

or should I first get child be registered as british, get passport and then get the country visa to whom I'm travelling etc.,?

Your choice. MN1 can take up to 6 months and British passport takes about 2 weeks once you apply.

[vikshi1]

what would be the visa status of the child?
If the child has a valid visa then why do you believe the status is affected?

is the old dependent visa which is valid till sept 2020 still valid, even though the parent is moved to ILR? and would the child be able to enter uk again with that?

[CR001]

is the old dependent visa which is valid till sept 2020 still valid, even though the parent is moved to ILR? and would the child be able to enter uk again with that?

Yes.