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ILR for UK born child?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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navya11
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Posts: 9
Joined: Sun Sep 27, 2015 10:34 pm

ILR for UK born child?

Post by navya11 » Thu Oct 01, 2015 10:41 pm

I am applying for ILR (Tier 1 route) along with my wife at the end of this month at PEO.

Along with us, can I apply ILR for my UK born 5-month old child (cannot wait for MN1 and BC for the child as we have to travel to India immediately)? Contacted UKVI team - one said I can apply ILR for my child along with us. Another one said I have to apply for the child, once I get ILR. Very confusing.

Or apply for ILE for child after we reach India (the child only has Indian passport but no UK visa at the moment)? Advice is welcome

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR for UK born child?

Post by vinny » Fri Oct 02, 2015 1:55 am

I think you may include UK-born child in SET(O) application.
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.

guaravd
Member
Posts: 193
Joined: Sat Aug 21, 2010 7:59 am
Location: UK

Re: ILR for UK born child?

Post by guaravd » Fri Oct 02, 2015 1:10 pm

Hi

You have two possible options here:

1. You can directly apply for your child's naturalisation immediately after you receive your ILR.
OR
2. You can apply for your child's ILR along with yours.

Both the above options are available for you to choose from. Whichever suits you best follow that.

navya11
Newly Registered
Posts: 9
Joined: Sun Sep 27, 2015 10:34 pm

Re: ILR for UK born child?

Post by navya11 » Sat Oct 03, 2015 1:10 pm

vinny wrote:I think you may include UK-born child in SET(O) application.
Hi Vinny,

The link you provided leads to "Else, if s/he is travelling, then see also New Born Baby - VISA stamping." and that link explains about FLR (O). Do I need to use FLR (O) or the one below?

Since I have already booked ILR PEO appointment for myself and my wife (even if I cancel and make another appointment including my child, I have to wait an extra two weeks for an appt), so I am planning to take my child on just Indian passport and apply ILE from India (the cost of visa is £956 compared to ILR from UK of £1900) Is that a feasible option? If so, is the correct form? Please advise

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR for UK born child?

Post by vinny » Sat Oct 03, 2015 1:39 pm

The old link talked about FLR(O) when neither parents are applying for/have ILR.

Child may also apply for entry clearance with ILE endorsement, under A280(b), 297 or 304-309. But you may have to argue that the NHS surcharge should not be applicable too.
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.

navya11
Newly Registered
Posts: 9
Joined: Sun Sep 27, 2015 10:34 pm

Re: ILR for UK born child?

Post by navya11 » Mon Oct 05, 2015 3:12 pm

Hi Vinny,

Thank you for your valuable advice. I reckon the best option for me would be to apply for the child along with me for ILR.

In that case, since I already have a PEO appointment along with my wife, do I cancel that and add my child as a dependent and apply under SET (O)

or apply my child under the same day as SET (F)? Thanks.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR for UK born child?

Post by vinny » Mon Oct 05, 2015 3:20 pm

I think that both is possible. Pick the cheaper option, if there is a fee difference.
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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