UK Born Child - ILR Required?

My son is now over two and half years old and he was born in UK. He currently has a dependant tier 1 visa on his passport. Could any one please help me decide if i should be including him in the ILR application (next month) or not. I would really appreciate your help.

Tier1_ILR_Applicant wrote:My son is now over two and half years old and he was born in UK. He currently has a dependant tier 1 visa on his passport. Could any one please help me decide if i should be including him in the ILR application (next month) or not. I would really appreciate your help.

You need to include him in ILR, as he is already Tier1 dependent.

ilr_hsmp2007 wrote:

Tier1_ILR_Applicant wrote:My son is now over two and half years old and he was born in UK. He currently has a dependant tier 1 visa on his passport. Could any one please help me decide if i should be including him in the ILR application (next month) or not. I would really appreciate your help.

You need to include him in ILR, as he is already Tier1 dependent.

I don't think this is correct. On many other threads it says child can be excluded from main application and once parents get ILR, the child can apply for MN1 registration and then British Passport.

ilr_hsmp2007 wrote: You need to include him in ILR, as he is already Tier1 dependent.

Hi Tier1_ILR_Applicant,

Please ignore this advice as it is not correct. Please see below extracts from the British Citizenship site:

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom

If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

Hope this helps

See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders.

Tier1_ILR_Applicant wrote:My son is now over two and half years old and he was born in UK. He currently has a dependant tier 1 visa on his passport. Could any one please help me decide if i should be including him in the ILR application (next month) or not. I would really appreciate your help.

I was in a similar situation as you in August this year. I didNOT apply for ILR for my 3 year old daughter (born in the uk). I only applied ILR for myself, spouse and my elder son (9yrs - born in India). After our application was successful, I applied for naturalization (MN1) for my daughter - I recieved her naturalisation certificate in about 6-7 weeks time. Then applied for her British passport, which arrived in about 2-3 weeks time.

The difference I see in your case and mine is that your son has a dependent tier 1 visa, my daughter didnot have that. She only had an Indian passport (issued in Birmingham) as her identity.

Hope that helps.

BigSam wrote:

ilr_hsmp2007 wrote: You need to include him in ILR, as he is already Tier1 dependent.

Hi Tier1_ILR_Applicant,

Please ignore this advice as it is not correct. Please see below extracts from the British Citizenship site:

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom

If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

Hope this helps

Hi Tier1_ILR_Applicant,

BigSam migh be right/wrong mate.....As your son already have Tier1 Dependent Visa in his passport. You will be in trouble if you don't include for ILR.

The best option I recommend you to include all dependents in ILR for safe. Its matter of 1 more year to get the B.P.

or Take Immigration lawyers advice. its worth paying every penny.


As per the rules

Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens
Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.

Hi ilr_hsmp2007,

I appreciate your concern but you are getting your wires crossed here, the extract you included in your post in concerned with:

ilr_hsmp2007 wrote:children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens

Which means that if ilr_hsmp2007 tried to register his daughter before he becomes settled.

The extract I provided is applicable after the parent becomes settled, also I am guessing you have not checked the link sushdmehta provided. Below is an extract from it.

Q - Does my UK-born child qualify for british citizenship? Can I skip ILR for my child?
A - Child born in UK before either parent is granted settlement: There is no requirement for a UK-born-child to be included in the settlement application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status. Whether the child has a passport or not, has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - is all immaterial. If you do not include the child in your settlement application and the child's current leave expires before he/she becomes entitled to be registered as British citizen, the overstay won't affect the child's entitlement for British citizenship, if/when you're granted ILR.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.

I would strongly advice against seeking legal advice here, any money paid to a lawyer here will be an absolute waste of money as there is no two ways about this registration rule.

Thank you very much everyone. My confusion arose from the fact that my son has a dependant visa so will he be required to be included in the ILR application but FAQs as posted in this thread above by BigSam seems to suggest that it is immaterial so am I safe in saying that I do not need to include him in my ILR application. The day I get my ILR he affectively has the right to British Citizenship regardless of being on a dependant visa?

You are welcome mate, the statement you made:

Tier1_ILR_Applicant wrote:The day I get my ILR he affectively has the right to British Citizenship regardless of being on a dependant visa

Is correct with the exception of the that your son will be “entitled” and not have the “right”.

Tier1_ILR_Applicant wrote:Thank you very much everyone. My confusion arose from the fact that my son has a dependant visa so will he be required to be included in the ILR application but FAQs as posted in this thread above by BigSam seems to suggest that it is immaterial so am I safe in saying that I do not need to include him in my ILR application. The day I get my ILR he affectively has the right to British Citizenship regardless of being on a dependant visa?

"That statement is not clear - it didn't mentioned child born before ILR of the settled person"

If you are planning to travel with your son after your ILR, you will be definitely in trouble. Seek advice from Immigration lawyers.
OR
Put the request against the UKBA on this matter at http://www.whatdotheyknow.com/

ilr_hsmp2007 wrote:it didn't mentioned child born before ILR of the settled person

Read carefully!!!

There is no need for a UK-born child to be included in the settlement application ..... irrespective of whether or not the child possesses a current and valid PBS dependant leave. A UK-born child does not need any leave (of any sort) to remain in the UK.

Period!

See also child born in the UK

Thank you moderators . For others on the thread thanks and I am not intending to travel internationally for the foreseeable future so that is not an issue for me.

I think people who are not sure of the rule post here to create additional confusion. It is good to receommend to be on safe side when no answer is available. here many have confirmed from their experience and also have referred to the rules but still people voice their fears to confuse the intial poster of this thread.

Please voice your opinon only if you very sure and have some evidence.

I recently applied for ILR in person and in the documentation I received it was clear that children born in UK need not be included in the ILR application. Its quite expensive to include them (£675 for applying in person) so I suggest you dont include them if you desire to go for British citizenship.

With evidence i can confirm that Child born in UK (whether holds dependent visa or not) does NOT have to be included in the ILR application. Once parents become settled (granted ILR), child is entitled to register as British Citizen using MN1. The only time, when including UK born child in ILR is a viable option, is when there is immediate requirement of foreign travel for child which cannot wait till the child gets British passport post registration (and may be VISA for travel on British passport). But this option comes with price and hence should be chosen consciously with personal travel circumstances as there is no legal requirement in the absence of immediate travel plans.

Hope this helps.

foreign_immigrant wrote:I think people who are not sure of the rule post here to create additional confusion. It is good to receommend to be on safe side when no answer is available. here many have confirmed from their experience and also have referred to the rules but still people voice their fears to confuse the intial poster of this thread.

Please voice your opinon only if you very sure and have some evidence.

I recently applied for ILR in person and in the documentation I received it was clear that children born in UK need not be included in the ILR application. Its quite expensive to include them (£675 for applying in person) so I suggest you dont include them if you desire to go for British citizenship.

I am glad to hear that, Can you clarify the following -
You didn't mentioned clearly, Have you included your UK born kids in your ILR application?

that time did UKBA told you that during the processing of your application.
Next,

so you have directly applied for BP for your UK born kids without ILR application



that makes the clear for all as a real scenario....

Hi All

I am going to apply for ILR in June 2012 as my current tier 1 visa expire @ Mid July 2012. (at present I am on tier 1, my wife and my 2 year old son on my dependant visa)
I am sure I can apply 28 before my leave to remain in UK so If I get PEO appointment last week of June 2012 (only for me and my wife) and if approved on same day which means we both got ILR except my son (who has tier 1 dependant visa till mid July 2012) so I can apply for british passport for my son directly instead of applying ILR.

Do you think is it work or will my son tier 1 dependant visa will become invalid as soon as me and my wife got ILR?

Thank You.

Where is your son born? UK or outside of UK?
If born in UK then once parents are settled (granted ILR) the child is entitled to apply for British citizenship. the immigration status of the child is irrelevant for this application.

disdil4u wrote:I can apply for british passport for my son directly instead of applying ILR.

you do not apply for passport directly. for minors you first apply for Registration as British Citizen and once they are registered you apply for passport.

disdil4u wrote: my son tier 1 dependant visa will become invalid as soon as me and my wife got ILR?

This is correct only keeping the status of the dependent visa in context.

I will try to Provide answers to this -

ilr_hsmp2007 wrote: Have you included your UK born kids in your ILR application?

- No, though child was on my dependent visa, I always had a plan to apply for registration.

ilr_hsmp2007 wrote: did UKBA told you that during the processing of your application.

- when i got my ILR result and my passport endorsed i got the letter from UKBA stating the same about registering the UK born child as British Citizen

ilr_hsmp2007 wrote: you have directly applied for BP for your UK born kids without ILR application

- No one can apply for the British passport directly without being British Citizen first. Don't be confuse, passport is merely a travel document it is not proof of citizenship (though one can argue that you would not get the passport unless you are citizen which is correct). The important point here is that you have register your child as British Citizen, as he/she is entitled to be citizenship by registration, before applying for passport.

manyaonisland wrote:I will try to Provide answers to this -

ilr_hsmp2007 wrote: Have you included your UK born kids in your ILR application?

- No, though child was on my dependent visa, I always had a plan to apply for registration.

ilr_hsmp2007 wrote: did UKBA told you that during the processing of your application.

- when i got my ILR result and my passport endorsed i got the letter from UKBA stating the same about registering the UK born child as British Citizen

ilr_hsmp2007 wrote: you have directly applied for BP for your UK born kids without ILR application

- No one can apply for the British passport directly without being British Citizen first. Don't be confuse, passport is merely a travel document it is not proof of citizenship (though one can argue that you would not get the passport unless you are citizen which is correct). The important point here is that you have register your child as British Citizen, as he/she is entitled to be citizenship by registration, before applying for passport.

I really appreciate your time on giving the clear details...thanks

I did exactly what manyaonisland did. I have two kids born in the UK who were Tier1 Dependent. I didn't include them in the ILR but registered them directly as British Citizens

Thank You manyaonisland

My son born in UK and he is on dependant visa of mine (tier 1 general).

So am I ok to apply for ILR for me and my wife first @ PEO and then registered my son for British citizenship and then apply for his British passport?

manyaonisland wrote:Where is your son born? UK or outside of UK?
If born in UK then once parents are settled (granted ILR) the child is entitled to apply for British citizenship. the immigration status of the child is irrelevant for this application.

disdil4u wrote:I can apply for british passport for my son directly instead of applying ILR.

you do not apply for passport directly. for minors you first apply for Registration as British Citizen and once they are registered you apply for passport.

disdil4u wrote: my son tier 1 dependant visa will become invalid as soon as me and my wife got ILR?

This is correct only keeping the status of the dependent visa in context.

hello everyone

thank you so much for all above infos. it is very informative and concrete. I have only slight concern.

I am about to apply for ILR feb 2012. Currently i am holding Tier 1 (PSW) My husband and my UK BORN daughter are my dependant under that visa.Through my reading and this forum, my husband can only apply for ILR 2 years after myself.

From all the above explainantion, i know now, my daughter is eligable to apply for British Citizen by filling in MN1 AFTER I have been granted ILR (hopefully). I have looked through MN1, and i have several questions. Hope anyone can help

1. Section 1.3 in MN1 - There is a space there to fill in date of ILR granted for the child. So if the child NEVER apply with me, and only hold tier 1 dependant visa, do i leave this space blank??

2.section 1.27 in MN1 - Space allocated for 'Date father became settled in the UK (e.g. granted indefinite leave to remain)'. In my case my husband will only be granted 2 years after myself. Therefore do i leave this space blank as well???

3. With all these spaces blank, do i need to provide cover letter to explain why the spaces blank. Please advice on what i should do so that i can have a peace of mind.

Many many thanks on your kind attention.

-kyara-

askyara wrote:I am about to apply for ILR feb 2012. Currently i am holding Tier 1 (PSW) My husband and my UK BORN daughter are my dependant under that visa.Through my reading and this forum, my husband can only apply for ILR 2 years after myself.

From all the above explainantion, i know now, my daughter is eligable to apply for British Citizen by filling in MN1 AFTER I have been granted ILR (hopefully). I have looked through MN1, and i have several questions. Hope anyone can help

1. Section 1.3 in MN1 - There is a space there to fill in date of ILR granted for the child. So if the child NEVER apply with me, and only hold tier 1 dependant visa, do i leave this space blank??

2.section 1.27 in MN1 - Space allocated for 'Date father became settled in the UK (e.g. granted indefinite leave to remain)'. In my case my husband will only be granted 2 years after myself. Therefore do i leave this space blank as well???

3. With all these spaces blank, do i need to provide cover letter to explain why the spaces blank. Please advice on what i should do so that i can have a peace of mind.

The MN1 form is designed to cover different categories (UK born child, non-UK born child etc) so some of the questions are not relevant for some categories.

For UK born child, one parent holding ILR is enough. It's is OK to leave blank the questions about the child or the other parent ILR. It will not affect the decision and there is no need to address it in a cover letter.