Page 1 of 2
Child born in UK previously granted leave (ILR, SET O, MN1,
Posted: Thu Nov 20, 2014 11:34 pm
by MAB2012
I am going to apply for ILR next month and wondering if I have to include my child who was born in the UK in 2012 and was previously granted leave to remain in the UK when we (me and my wife) applied for Extension (Tier 1 General) in 2013.
A quick reply will be highly appreciated as I need to get the booking accordingly (without or with the child as per the advice) any time this week.
Moreover can the UKBA people at PEOs object on why I never include the child in ILR application (since the child will be with us at the PEOs for our (me and my wife's) ILR application if I decide to register the child as a British Citizen after me and my wife get the ILR?
Thanks in advance.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Thu Nov 20, 2014 11:42 pm
by Subtle
When is your child's current leave expiring?
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Thu Nov 20, 2014 11:45 pm
by vinny
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Thu Nov 20, 2014 11:47 pm
by MAB2012
Our current leave is expiring on 27th of Jan. 2015.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Thu Nov 20, 2014 11:52 pm
by MAB2012
Would you mind clarifying if I should include the child in the ILR application or apply for registration as a British Citizen via MN1 after we get the ILR?
Thanks for providing the link.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Thu Nov 20, 2014 11:58 pm
by vinny
Okay to
exclude UK-born child for ILR and
register child after you are granted ILR.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Fri Nov 21, 2014 9:38 am
by MAB2012
Thanks a lot Vinny for your help/advice.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Fri Nov 28, 2014 10:49 am
by MAB2012
I need to ask another question if you don't mind Vinny.
Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?
The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!
Thanks in Advance
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Fri Nov 28, 2014 10:53 am
by UKBALoveStory
MAB2012 wrote:I need to ask another question if you don't mind Vinny.
Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?
The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!
Thanks in Advance
SET(O) if she is on Tier 1 dependent visa.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Fri Nov 28, 2014 10:18 pm
by MAB2012
]I need to ask another question if you don't mind Vinny.
Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?
The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!
Thanks in Advance
SET(O) if she is on Tier 1 dependent visa.
Thanks a lot for your quick reply.
Regards
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Fri Nov 28, 2014 10:29 pm
by vinny
You may include your wife in your
SET(O), if she has leave as your
PBS dependant.
Apply to settle in the UK wrote:Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Sun Nov 30, 2014 1:25 am
by sagareva
MAB2012 wrote:I am going to apply for ILR next month and wondering if I have to include my child who was born in the UK in 2012 and was previously granted leave to remain in the UK when we (me and my wife) applied for Extension (Tier 1 General) in 2013.
A quick reply will be highly appreciated as I need to get the booking accordingly (without or with the child as per the advice) any time this week.
Moreover can the UKBA people at PEOs object on why I never include the child in ILR application (since the child will be with us at the PEOs for our (me and my wife's) ILR application if I decide to register the child as a British Citizen after me and my wife get the ILR?
Thanks in advance.
if this is a UK-born child, you do not need to apply for ILR
no one cares when their visa expires, they will be eligible for registration as citizen the moment you get ILR
they cannot force the child to apply and most likely will take zero interest in this, such initiative is really not in their normal realm of enquiry,
if --very unlikely -- they do ask, say the child is not applying at this moment
the only sticky situation may arise if for some reason you do not get ILR or your application is delayed, and the child's dependant visa expires in the meantime. but you will be able to take action on that later should something like that happens. it is no reason to preemptively waste money on a needless ILR application -- ILR application for a UK-born child is basically nonsense IMHO
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Sun Nov 30, 2014 1:26 am
by sagareva
MAB2012 wrote:I need to ask another question if you don't mind Vinny.
Me and my wife got Tier 1 General Visa in 2010 and since then we have been living in the UK. My question is that if my wife can apply with me on Set O form or she needs to apply separately on Set M after I get the ILR for myself?
The question may sound stupid but I am confused why some people are using Set o and some prefer to use Set M for the partners!
Thanks in Advance
set(o) in your case
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Sun Dec 21, 2014 2:08 pm
by MAB2012
Thanks for all the people on this wonderful forum who gave me the advice not to include my UK born Child in my ILR application on SET O. I got ILR yesterday.
Now, I want to know if I should use one of the Naturalisation offices for my Child's registration as a British Citizen or apply myself on MN1?
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Sun Dec 21, 2014 9:13 pm
by ilratlast
Many thanks for every one on this very helpful forum. I am in a similar situation. I got my ILR but I did not include my child in my ILR application. I need to apply to register my child as a British citizen. I need to know which form i should use especially my child visa is expired now. Any help will be very much appreciated.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Sun Dec 21, 2014 11:26 pm
by vinny
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Sun Dec 21, 2014 11:40 pm
by ilratlast
Thank you very much Vinny. My child is 10 months old and he does not have a passport. Is it enough to submit his birth certificate or we need to submit another ID (travel document issued by my embassy for example)? Many thanks in advance.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Mon Dec 22, 2014 7:37 am
by rahuls
Hi,
I have got a question on similar lines. I got my ILR last week and I did not include my UK born child as I was thinking of registering him as british citizen. However a travel has come up and I need to travel within 2 months. Can I travel with my son on his current dependent visa, it still has 2 years left on it? I don't think I would get his british passport within 2 months.
Please advise.
Thanks
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Mon Dec 22, 2014 8:19 am
by vinny
ilratlast wrote:Thank you very much Vinny. My child is 10 months old and he does not have a passport. Is it enough to submit his birth certificate or we need to submit another ID (travel document issued by my embassy for example)? Many thanks in advance.
The form should say what's required. If he does not have a passport, then he does not need to submit one.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Mon Dec 22, 2014 8:22 am
by vinny
rahuls wrote: Can I travel with my son on his current dependent visa, it still has 2 years left on it?
I
think so.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Wed Dec 24, 2014 4:27 pm
by rahuls
Hi Vinny,
Thanks a lot for your response. I went through the links that you had suggested and read 319 G to 319 I from Immigration Rules Part 8 and clause 7.20 from "Explanatory Memorandum". However they talk about the eligibility to apply for leave to enter or remain in UK for children. And that is meant to provide the child a either a route to join his parents in UK or extend his leave in UK in order for him/her to stay with his parents.
However in my case I had two options for my child i.e. either to include him in my ILR application or apply for his british passport. So I was just worried if I travel with my son on his dependent visa then the border agency may question that why didn't i take the options available with me.
Are you or any body else is aware or have been through this situation and travelled with child on a dependent visa while the parent had ILR?
Please provide your valuable comments.
Thanks
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Mon Dec 29, 2014 1:46 pm
by rahuls
Hi Vinny,
Can you please provide your valuable comments.
Thanks
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Mon Dec 29, 2014 1:56 pm
by vinny
I
don't think that child will have any problems travelling.
Moreover, do
register your child now.
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Tue Dec 30, 2014 10:40 pm
by rahuls
Hi Vinny,
Thanks for the response.
vinny wrote:Moreover, do register your child now
For your above comment, is that a requirement to register before travelling? Is there a timeframe after parent ILR before which I have to register?
Thanks
Re: Child born in UK previously granted leave (ILR, SET O, M
Posted: Tue Dec 30, 2014 10:46 pm
by vinny
Before child reaches 18.