Immigrationboards.com

Dear Gurus

I am seeking an advice over the matter ,
Brief history,

I am on entrepreneur £200k from Pakistan ,extension approved in 2019, and in next two weeks neat to submit ILR application.

I have three dependents out of that (wife and one daughter)that came along from Pakistan with me and stayed all time during initial and extension application.

I have a daughter born in Uk October 2019, Question and advice is requested should I include or exclude her (uk born daughter)from my ILR application as a dependent or once we (husband and wife) got the approval (fingers crossed), will apply MN1 registration for her directly.

Just for more clarity since we need to travel to Pakistan in December 2019, so I have applied for her visa , so she does have a BRP card at the moment ,

Looking forward to hear from you.

A UK born child does NOT need ILR. They have an entitlement to register as British once either parent is granted ILR.

Thanks and I am not including her in my application.

Adding on:

It is best practice to add a cover letter and mention that you will be registering your UK born child as a BC after your ILR is approved.

It is normal practice that HO writes to the main applicant otherwise to enquire why ILR is not applied for the child due to child safety regulations.

It may save you some delays in order to avoid HO correspondence to you and back.

Fortunately, any overstaying should not affect child’s entitlement.

However, if they really cared about children’s welfare and best interests, then they should also remove 319H(m) and 319J(i) and 197(viii) and 199(v), etc.

The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

or disregard all periods of overstaying for children at the very least, as done in Appendix FM and other parts of Part 8, where there are no such impediments.