UK born child with leave not applying for ILR

[wpilr_nov12]

Sushdmehta,

1. - If your UK-born-child had applied for leave in the past which is due to expire before you can expect a decision on your settlement application and you have reason(s) to believe that your settlement application may be refused. Including the child in your application will ensure that the child gets the same appeal rights as you do.

In the above situation for a UK born child, what happens when a child does not have appeal rights by virtue of not being included in the parent/s' ILR application? Are there any default recourses/protections as being UK born?

[geriatrix]

Responding to your topic regarding HMRC documents, I remembered that I had left this (to be answered soon) but had forgotten about it altogether!


I stand to be corrected but my understanding is:

Other than being eligible for registration as British citizen (subject to either parent's settled status) irrespective of their immigration status, don't think there are any other exemptions (with respect to immigration) - because a leave issued in the past makes a UK born child subject to immigration control and therefore subject to all the conditions and requirements associated with the most recent leave issued to the child.

This allowance (eligible to be registered as BC irrespective of immigration status) stems from the Nationality Act and not Immigration Act.