Please Help- Children born in the United Kingdom -Leave to r

Dear members,
I would be grateful if anybody help me to sort this issue with regards to my son's (4 years) immigration matter.
I recently applied extension for tier 1 Entrepreneur Visa included my wife and my elder son born in Pakistan but i excluded my younger son as he born in UK. I applied younger son's leave to remain at initial application.We haven't have plan to travel abroad for next 3 years therefore we decided to apply younger son's British passport after getting ILR.
I received a letter from Home Office this morning, they are asking the reason that why we have not applied leave to remain for the younger son. I read home office guidelines before sending visa application, it clearly states that child born in UK doesn't need to apply leave to remain until we travel outside of UK.
Could anybody help me please what should i do in this situation? What should i write in the letter to respond Home Office. Does my child really need via as we have not have plan to travel abroad for next 3 years.

Any help would be realy appreciated in this matter.

Thanks and regards,

SAD FATHER

Please read this thread: http://www.immigrationboards.com/uk-tie ... 05529.html

zimba88 wrote:Please read this thread: http://www.immigrationboards.com/uk-tie ... 05529.html

Dear Zima88, thanks for sharing the thread for same topic,as per that thread my son will be entitled to apply British passport after we receive ILR however my son will be consider overstayer and we should apply leave to remain if he have provious leave to remain. This still make me confused. i also don't have any idea that what reason should be mentioned on the letter to home office.

If UK born child, who has never applied for any leave, is not travelling, then leave to remain is not normally required.

However, if child was previously granted leave, then he should continue to extend, probably quoting A280(b), 304-309 (as 319H(m) may fail), else he may be an overstayer.

But after you are granted ILR, your UK born child will be entitled to register for British citizenship directly. The overstay won't matter, if child is under 10 years old.

Hi shazdar
Sorry to hear
what i understood from your post that you didnt apply for Leave to remain for you Uk born son am i right?
my son is almost 3 years and we never traveled to out of country thats why i didnt apply for his visa before and i will be applying for and extension end of this march so you would advice i should apply his leave to remain with my application as dependent while he hasnt got any visa at the moment.
please advice
thanks

vinny wrote:If UK born child, who has never applied for any leave, is not travelling, then leave to remain is not normally required.

However, if child was previously granted leave, then he should continue to extend, probably quoting A280(b), 304-309 (as 319H(m) may fail), else he may be an overstayer.

But after you are granted ILR, your UK born child will be entitled to register for British citizenship directly. The overstay won't matter, if child is under 10 years old.

Dear Vinny, Thanks for the clarification, my child will definately will be around 6/7 years old when we apply ILR so i hope he will be entitile to register for british passport. Could you please advise what reason we should mention on the latter that is required by the Home Office as they asking why we have'nt apply visa for the younger son

legendfar wrote:Hi shazdar
Sorry to hear
what i understood from your post that you didnt apply for Leave to remain for you Uk born son am i right?
my son is almost 3 years and we never traveled to out of country thats why i didnt apply for his visa before and i will be applying for and extension end of this march so you would advice i should apply his leave to remain with my application as dependent while he hasnt got any visa at the moment.
please advice
thanks

Dear Legend,

I am not expert in immigraton however as per this site expert's advice the UK born child does'nt need to apply leave to remain untill he travel abroad or if your child previusly applied visa. you can directly apply for british passport after you receive ILR