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does child born in UK legally require visa once taken

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

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navinw
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does child born in UK legally require visa once taken

Post by navinw » Tue Sep 16, 2014 8:05 am

hi All,

does child born in UK legally require visa, once taken a visa.

AsI am on tier-1(General) visa in UK and went thru the first extension along with new born baby in UK as we have some travel plans.

Now we don't have any travel plans outside country and i am going for 2nd extension to complete 5 years of tenure.

My Question is
Does my child also needs to be applied for visa(2nd extension) along with me or its not required untill ILR date.
I am very confused with the same.

Appreciate your inputs.....as i am in a process of applying soon.

UKBALoveStory
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Re: does child born in UK legally require visa once taken

Post by UKBALoveStory » Tue Sep 16, 2014 8:23 am

navinw wrote:hi All,

does child born in UK legally require visa, once taken a visa.

AsI am on tier-1(General) visa in UK and went thru the first extension along with new born baby in UK as we have some travel plans.

Now we don't have any travel plans outside country and i am going for 2nd extension to complete 5 years of tenure.

My Question is
Does my child also needs to be applied for visa(2nd extension) along with me or its not required untill ILR date.
I am very confused with the same.

Appreciate your inputs.....as i am in a process of applying soon.
You can skip his extension but he will be treated as overstayer once his visa expires. But once you are granted ILR, you can apply for his BC, as for BC, current visa status does not matter for your son.

The key question is when is your ILR due? I would skip his extension if ILR is within next 6 months but will go for extension otherwise.
I am not an immigration adviser...All IMHO.

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navinw
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Re: does child born in UK legally require visa once taken

Post by navinw » Tue Sep 16, 2014 8:25 am

hi thanks UKBALoveStory.....for the reply.

Well my ILR is long way now in May 2016, so its more than 6 months.

O_Relly
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Re: does child born in UK legally require visa once taken

Post by O_Relly » Wed Sep 17, 2014 12:15 am

Although this is a grey area and not clearly documented, a child born in the uk, can never be an overstayer, so it should be fine even if his visa expires and is not extended, will not have any impact to his registration as a british citizen application.

This is what I have observed moderators / other respected gurus advice other members with similar queries. For sure, you can find similar queries answered if you search the forum.
Cheers,
OR

ouflak1
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Re: does child born in UK legally require visa once taken

Post by ouflak1 » Wed Sep 17, 2014 9:54 am

O_Relly wrote:Although this is a grey area and not clearly documented, a child born in the uk, can never be an overstayer...
Just to be clear, a child born in the UK, and who has never left the UK, can never be an overstayer.

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navinw
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Re: does child born in UK legally require visa once taken

Post by navinw » Wed Sep 17, 2014 10:02 am

thanks O_relly && Ouflak1 for your reply...

the thing is my son already went out of country once on holidays, so that is more confusing whether he is suppose to legally apply for further Visa for extension.


I did called UKBA helpline and they said, you need to apply along with your extension and can't left your kid aside, coz you have taken visa once.

UKBALoveStory
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Re: does child born in UK legally require visa once taken

Post by UKBALoveStory » Wed Sep 17, 2014 11:43 am

A child born in the UK, and who has never applied for VISA, can never be an overstayer. If a child has applied for VISA and that visa expires, (s)he will be treated as an over-stayer for any subsequent "leave to remain/enter" application(s). For BC, the case is different, as for BC, the UK born child of a settled parent does not need a valid "leave to enter/remain".
I am not an immigration adviser...All IMHO.

O_Relly
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Re: does child born in UK legally require visa once taken

Post by O_Relly » Wed Sep 17, 2014 1:15 pm

So in conclusion, the child will be an overstayer, but shouldn't impact his registration as a british citizen? Is that correct?

If the above is true, the only impact appears to be if he leaves the country before sorting out his registration as BC, then he might have trouble re-entering as he was previously an overatayer?
Cheers,
OR

UKBALoveStory
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Re: does child born in UK legally require visa once taken

Post by UKBALoveStory » Wed Sep 17, 2014 2:19 pm

Yes, and also, if by any chance (s)he wants/needs to apply for ILR/Extension, (s)he will be treated as an overstayer. I was personally in the same situation and ended up applying for extension.
I am not an immigration adviser...All IMHO.

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navinw
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Re: does child born in UK legally require visa once taken

Post by navinw » Wed Sep 17, 2014 2:21 pm

So conclusion is once we take the visa, we need to extend it till ILR...... :-(


I have also written to UKBA asking the same question in writing & waiting for their feedback.

O_Relly
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Re: does child born in UK legally require visa once taken

Post by O_Relly » Wed Sep 17, 2014 3:11 pm

UKBALoveStory wrote:Yes, and also, if by any chance (s)he wants/needs to apply for ILR/Extension, (s)he will be treated as an overstayer. I was personally in the same situation and ended up applying for extension.
Why will the child be in a need to apply for ILR ? as the child will be able to register as British once the parent is granted ILR. Likewise, why will the child require to apply for an extension? (which is what the OP is trying to avoid) if they don't have any travel plans out of the country prior to OP's ILR application ?
Cheers,
OR

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