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Child Born in UK Overstayer

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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ILRTention
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Child Born in UK Overstayer

Post by ILRTention » Sat Jul 12, 2014 4:36 pm

Lets say if parents (and child born in UK) everyones current Tier-1 leave expire on Nov 2014..Than parents apply for ILR in Nov 2014 but child doesnt...would this make the child over stayer or immigration status illegal as his tier-1 dependent is now expired as his parents didnt include him on there ILR application?..... until the time parents initiates his naturalization process what would be the status of my child? being over stayer would it impact his naturalization process?
dont want to make him an illegal immigrant :(

Any helpful replies would be greatly appreciated

Amber
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Re: Child Born in UK Overstayer

Post by Amber » Sat Jul 12, 2014 4:39 pm

If one has leave that expires they become an overstayer, although that's irrelevant for a s 1(3) application.
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t1s2010
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Re: Child Born in UK Overstayer

Post by t1s2010 » Tue May 19, 2015 3:37 pm

Amber,

To extend the question further,

assume one gets T1-dependent visa for UK-born child, however doesn't extend (to save money) so that parent apply directly for child settlement after parent ILR. Thus, technically "overstayer for direct settlement".

However, if situation arise and child needs to travel outside with parent. Will a new dependent application in home country will be rejected as child was 'overstayer'?

t1s2010
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Re: Child Born in UK Overstayer

Post by t1s2010 » Thu May 21, 2015 11:17 am

Anyone, please help..

vinny
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Re: Child Born in UK Overstayer

Post by vinny » Thu May 21, 2015 11:43 am

If a UK born child never applies for leave, then child cannot become an overstayer. There may be problems for an overstayer, who had overstayed for more than 90 days, to apply for entry clearance.
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t1s2010
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Re: Child Born in UK Overstayer

Post by t1s2010 » Thu May 21, 2015 11:52 am

Thank you Vinny.

Since entry clearance can be a problem, is it possible to file child application for citizenship from outside UK?
If yes, can processing timeline be a long stretch? or its too much hassle and better to get in-country extension to be safe..

vinny
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Re: Child Born in UK Overstayer

Post by vinny » Thu May 21, 2015 12:40 pm

Not sure how the new biometrics requirements, especially if child is six or over, for British citizenship affects overseas applications.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

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