Immigrationboards.com

Hello everybody,

I am applying in person next Monday for my ILR. I have a two year daughter who was born whilst I was on my extended Tier1 (as an HSMP visa, covered by JR). I just reading that I don’t need to apply for her ILR since she will get her citizenship soon after we get ILR. Earlier, was thinking of applying for all three of us (myself, husband and daughter) but now come to think about it applying my daughter on ILR (when she will get citizenship soon after PR) sounds bit of waste of money.

Any advice?
Thanks

P.S. sorry if this is covered elsewhere, I tried searching I could not find much unless few lines in the FAQs

you need not to apply for your daugther's ILR. once you get your ILR you can apply for registration and then british passport. Whole process (Registration certificate +Passport) will take around 3 months .
I did same for my daugther. Had sent her registration application(MN1) on 8 june 2011 ,got registration certificate in 19th August . For Passport , I sent on 24th August and got it on 4th Sept.

good luck.

Thank you for your response. Some further questions:

Her visa expires with mine on 20th Oct this year. What would be her status whilst we are waiting for these 3 months? Is this legal? Could she just stay here without a valid visa since she was born here?

Many thanks

She will be considered as an overstayer after her leave expires. However, this won't affect her entitlement for British citizenship, if/when you're granted ILR.

Ok, I got my answer…
Spoke to immigration and Nationality both. They tossed me back and forth between the two help lines…Finally got my answer from immigration.

The lady said since my daughter is born here, she has the right to be in this country. Between expiry of her visa and registration for citizenship, she would not be living in the country unlawfully (since she was born here) although she would still have immigration restrictions on her.