" LEAVE TO REMAIN"- Kayalami

1- I got the idea of the "leave to remain" from this add

http://www.ind.homeoffice.gov.uk/default.asp?PageId=152

and as stated below

BN9

Information about citizenship of children who were born in the United Kingdom on or after 1 January 1983

British Nationality Act 1981

Children born to people who are not British citizens and are not legally settled here

17. If neither parent is a British citizen or legally settled here, the child will not be a British citizen at birth. So, if a married couple have only been allowed into this country temporarily, for example, as visitors or students, or to work, and they are still limited as to how long they can stay, or if they are staying on without permission, their child will not be a British citizen at birth. Nor will their child be a British citizen if they have entered the country illegally (for example, without being examined by an immigration officer or otherwise in breach of the immigration laws) and they have not been given permission to stay here indefinitely. If the parents want to stay in the United Kingdom, we recommend that they apply to the Immigration and Nationality Directorate of the Home Office for themselves and their child to be given leave to remain. The address is:

Immigration and Nationality Directorate
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

You should send your and your child's passport, with his or her birth certificate, and quote any Home Office reference number. Any application for leave to remain should be made on an application form. You can get these forms from the Application Forms Unit at the Immigration and Nationality Directorate or from this website. The telephone number of the Application Forms Unit is 0870 241 0645. Normally, where a child is granted leave to remain, the conditions of the child's leave will be in line with his or her parent(s).

I assumed the visiting section of that paragraph suited me just fine.
I am a Nigerian curently residing in Nigeria. I stayed in England on my visiting visa for almost 4 months. I was issued a 2yr visiting visa with a 6 month visit period(per visit).


2- i applied for my spouse on my HSMP application as she is also skilled. I would like to know if she can join me in a years time (after I request for an extension) or has to join me before the first year lapses.

thanks a million for your time.

Ok, until Kayalami gives you more details and facts.....

So, if a married couple have only been allowed into this country temporarily, for example, as visitors or students, or to work, and they are still limited as to how long they can stay, or if they are staying on without permission, their child will not be a British citizen at birth.

That clearly means that if a child was born while you were here on a temporary basis (i.e. not ILR), which you were since you were on a visa, then the child has no right to British citizenship. Otherwise, I'm sure everyone would be flying here to have their babies, which would get citizenship by birth and then 'invite' their parents over

That law would have allowed you (during your stay) to register the child with the Home Office and the child would have been given a visa valid for as long as yours was.

Do wait for Kayalami's reponse though!

1. As kawasaki1 said individuals subject to immigration control (like visitors, HSMP or WP) cannot register their children who were born in the UK. They can only do so when they change to ILR status. The only exceptions are: a. If your child is adopted by British citizen b. If you give your child to the local council.

2. She can join you at any time provided that your HSMP status is still valid and she's equipped with a valid entry clearance.

1. The issue of British Citizenship for your child has been covered in detail in both this and your previous post - he/she can be registered as a BC once you obtain Indefinite Leave To Remain in the UK. Being on an HSMP visa for 4 years consecutively enables you to apply for ILR. A child born in the UK who is not a BC automatically at birth can also be registered as a BC if he/she spends the first 10 years of his/her life in the UK with not more than 90 days outside in that period. I presume your child has been outside the UK longer than this and the HSMP route is a faster way to his/her registration anyway. The baby will enter the UK on an HSMP dependent visa.

2. Your partner/ spouse must accompany or join you in the UK within the validity of your HSMP visa if you claimed additional points through them. Regular contributors on the board including my fellow moderators concur that your partner/spouse staying behind and coming to the UK shortly before the extension date is not an issue unless you have struggled to be 'economically active' in your HSMP designated profession in the first 12 months. In this case IMHO the presence of a spouse/partner may be a positive factor in renewal especially if they have been in employment. However note that renewal is based primarily on the principal applicant's economic activity.

Best of luck