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Confusion about UK born child.

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

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hsyasin
Member
Posts: 174
Joined: Mon Jul 19, 2010 11:27 am
Location: UK

Confusion about UK born child.

Post by hsyasin » Mon Jul 27, 2015 10:57 am

Hey all,
I'm a bit confused about my new born's status and what it'll be when I get ILR next year.
My situation is, I got T1G in 2011 and am eligible for ILR in 2016, my wife came as a dependant end of 2013 and we had a new born in 2014. And I haven't been outside UK much.
Now as far as I understand, my child can live here without any visa as long as we don't take with him outside UK. And that for my wife, I'll have to apply PBS dependent extension when I apply my ILR.
But what about my child?
Will he be eligible to become british national when I get my ILR?

Also, first my plan was to go PEO for both of our applications, but as they've increased fees so much, now I'm thinking, as I can apply for ILR 28 days before my current visa expiry, to go PEO 28 days before my visa expires just for myself and then apply my wife's PBS dependent extension by post(her visa expires same time as mine) and apply for my son's british nationality (as I'll have my ILR via same day).
So, will this work?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Confusion about UK born child.

Post by geriatrix » Mon Jul 27, 2015 12:01 pm

1. Yes (Child born in the UK).
2. Yes.
Life isn't fair, but you can be!

hsyasin
Member
Posts: 174
Joined: Mon Jul 19, 2010 11:27 am
Location: UK

Re: Confusion about UK born child.

Post by hsyasin » Mon Jul 27, 2015 2:00 pm

Thanks a lot sushdmeta... was slightly worried as i couldn't find much info regarding my situation..

A friend of mine got me worried.. he's on T2 general and he is in same sort of situation, i.e, will be applying his ilr next year plus wife's pbs dependent ext and his new born's citizenship. And he went to a gathering and met a friend of his who also on T2, told him that he went to PEO for his ilr and was told that he can't apply citizenship for his 8month old and will have to apply dependent visa for his little one otherwise his little one will be illegal and i was like :shock:
:|
and he also said, its coz of new rules that were introduced in july this year :|
so i thought should get it clarified

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Confusion about UK born child.

Post by vinny » Mon Jul 27, 2015 6:32 pm

I think that the caseworker was mistaken.

Even if a UK-born child aged under 10, with expired leave, was an overstayer, this does not affect child's entitlement to register directly after a parent is granted ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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