just a few queries regarding ILR applications.
1.rang up phone number yesterday for booking PEO appointment for our (me, wife & child) ILR applications. recorded message says no slot available for august. waited for person to answer and they say they are not giving any appointments for PEO even for later and to only apply by post and they refused to say when slots will be available anywhere in the UK at PEO offices. is this a new development about not allowing PEO applications for ILR? have they stopped PEO applications for hsmp cases now?????? no mention of this on website but the phone helpline chap refused to give any slots saying no slot available for august and they are not giving any slots for later.
2. i enquired about applying for ILR for my uk born child (11months old now) who has never left the uk about whether to apply for visa first for child then apply for ILR for all of us or apply for ILR for all of us directly or apply for ILR for me and wife and apply for registration as british citizen for child directly under sec 1(3) of registration rules after we the parents get ILR.
initially the person on help line said our child is staying illegally in the uk even though uk born as has not applied/got for a uk visa for many months, also was told by the helpline person that generally need to get visa in 2-3months after birth in uk although i cant find ANY documentation for his claims about stay becoming illegal if dont get visa for uk born child on the UKBA website on this issue of needing to apply withing 2-3 months of birth of child in uk. infact i found documentation to the contrary on UKBA website which said the stay was NOT illegal and an application cannot be insisted upon or a period of stay be imposed if there is no application.
3. i explained born in the uk and never left the uk and not illegal as per my knowledge of rules and visa application needed to enter the uk and not complulsory for person born in the uk who never left the uk.
then he said to apply for visa for child first as they wont give ILR without visa on passport. i explained we the parents are applying now for ILR as we have been eligible for a few months anyway and child is under 1y and have been busy with few hospital visits/admissions for wife and child and hence didnt even apply for ILR even though eligible a few months ago but visa still valid for us till mid xxxx. then he said can apply for ILR directly now quoting reasons for delay in not applying for visa for child in covering letter for ILR application as child will be my dependent and case worker will decide whether child is eligible for ILR without having dependent visa stamped on babys passport.
4. i further explained to helpline person, even if a uk born child of non EU parents didnt have a visa, once we the parents get ILR of our own merit soon (i dont anticipate any probs as have satisfied all requirements as per my knowledge) then the child will then be ENTITLED under section 1(3) of the British Nationality Act 1981 to be directly registered as a citizen anyway. so asked if i have to apply for ILR for child or to directly apply for citizenship instead for child after we get ILR. he said cant advice on citizenship applications as that is a different department and to TRY for ILR application for uk born child as my dependent but caseworker will decide whether to grant that as there is no valid visa stamped on babys passport before applying for ILR.
5. has anyone on here directly applied for a uk born child (who has never left the uk) for ILR without getting a dependent visa stamp. is it compulsory to get a ILR stamped for baby when we (me & wife) apply for ILR, since i plan on applying subsequently for childs registration under sec1(3) as a british citizen by using form MN1. as i under stand i would be spending more if applying for registration of child soon after we get ILR instead of waiting for applying along with our naturalisation application a year after ILR. but i think it would be better to get the childs registration done now before any hurdles throw up in the proposed citizenship legislation.
6. once the child gets registered as a citizen and gets a uk passport, i guess i can avail free travel rights in the EU for tourism purposes without need for schengen visas etc for family (me and my wife)of EU citizen (our child) or is this directive not been enforced properly yet for family members in the ascendent line (parents who look after minor EU citizen)
7. does the chen case give free EU movement rights for work elsewhere in the EU to the non EU parents (with ILR in the UK) of a UK born and registered child. just enquiring about this because of the recession and possibility of redundancy etc. just enquiring about this option to keep myself updated on this front and not actually planning on using this option as job seems ok for now and shortage presently in my field of work in uk, but one never knows what the future has for us so just keeping my eyes open for new developments on these fronts.
8. for our hsmp 4y ILR application, for establishing economic activity do we have to provide bank statements and payslips for all 4y on hsmp or is a shorter period ok. if its for 4y then my application packet will be huge. hence the query. forgot to ask this when i called helpline today after getting 'seemingly wrong' advice from them about my childs residence status /ILR eligibility etc
i have been through the following links on UKBA website which confirm that it is not compulsory to apply for a visa for a uk born child of a visa national.
CHILDREN WHO ARE NOT BRITISH CITIZENS . i quote an extract from the link
and also WHO ARE NOT BRITISH CITIZENS - ANNEX P from the same document. see relavant extract belowMar 07 IMMIGRATION DIRECTORATES' INSTRUCTIONS
CHAPTER 8 CHILDREN BORN IN THE UNITED KINGDOM
SECTION 4 WHO ARE NOT BRITISH CITIZENS
1. INTRODUCTION
This section relates to children born in the United Kingdom on or after 1 January 1983 who are not British citizens because, at the time of their birth, neither of their parents was a British citizen or settled here. Such children do not have the right of abode and are subject to immigration control. They are not here unlawfully, however, and are not required to apply for leave to remain
since it says in annexure p that they cant insist on an application from an uk born child of a visa national and also cannot impose a period of leave without an application, does this defacto mean that the child has an ILR all but in name! i am just wondering about this due to the seemingly wrong advice given to me by UKBA helpline yesterday in stark contrast to what is available in written documentation on UKBAs own website on this issue. ofcourse it isnt as good as an ILR as it would be void once the child leaves the uk. i have downloaded and printed copies of the relavant paperwork about this issue from ukba website just incase it disappears later from the website. others in similar situation might find it useful to do the same print outs and keep for future use as well.12. POSITION WHERE NO APPLICATION IS MADE FOR LEAVE TO REMAIN IN RESPECT OF A CHILD BORN IN THE UNITED KINGDOM.
A period of leave cannot be imposed upon a child where no application has been made for it. Consideration can only be given to a child's position here, therefore, where there is a specific application for leave. While it cannot be insisted upon that an application be made on the child's behalf, if it appears that he would qualify for leave (for instance, following consideration and granting of an application for leave to his parents), the situation should be explained to the parents so that they may decide whether or not to apply on the child's behalf.
apologies for the long post and many queries.
thanks for any help / clarifications in this matter. a huge thanks to vinny and john and loads of others on here that regularly put up a lot of useful info from which people like me learn a lot. have a nice day.