Set(o) questions for child born in UK

[ychina]

We want apply a ILR for our baby born in UK as we need to travel abroad.

He is born after father got ILR from a PBS route (but the baby does have any visa as that's not needed for him to legally stay in the UK), mother is on PBS dependant and a fews from eligible to apply for ILR, which means a separated application application is needed for the baby.

We were given different suggestions on how to apply, some says we should use Set(f) for child, some say we should use set(o) as set(f) is only for child who's parents are both settled or citizen.

Any one has any idea about it?

Thanks very much

Y

[CR001]

If the child was born after you got ILR, then the child is automatically British. Why not simply apply for a 1 week fast track British Passport??

[vinny]

Moreover, a British child cannot apply for SET( ).

[ychina]

sorry, I meant to say the baby was born before the father got ILR.

[ychina]

If the child was born after you got ILR, then the child is automatically British. Why not simply apply for a 1 week fast track British Passport??

Sorry, I meant to say the child was born before the father got ILR, and we don't want to register him as BC.

[ychina]

We are filling a set(o) form for our child who is born in the UK before his father got a ILR.
We have a couple of questions:

1. Can I say I'm the applicant , as the child is too young to read and write yet?
2. "Select the category in which you are applying for indefinite leave to remain": the child haven't had any visa before as he has been in the UK since he's born. The closest is Tier 2 dependant, as his father got ILR as Tier 2 (general). Is that right?
3. It also asked "which visa has [the father] is applying for or granted". He has ILR, but there is no such option, the closest seems to be Tier2 (general)

Thanks very much

[vinny]

No. Child is the applicant. However, a parent may fill out the form on child’s behalf.

[vinny]

Make it clear that child is applying of ILR under the UK born child rules.

A277, A280(b), 304-309

306. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where leave to remain is sought, the child may be granted leave to remain for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met. Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.
....

and not under any other child rules, where there is a requirement for both parents to be at least settled.

However, it’s probably simpler to register child, as there may be less dangers of a mistaken refusal.

[ychina]

!	Message from: ychina

Thanks so much for your reply Vinny. It's very helpful.

But in 308, it says

Where an application is for leave to remain, such a child may be granted indefinite leave to remain where paragraph 305 (i)(b) or (i)(c) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met.

Does that mean only parents who are either
British Citizen
or
has the right of abode in the United Kingdom
or
parental rights and duties are vested solely in a local authority

As we don't meet any of the 3 situation, does it mean we can't apply ILR under 305? Or can we use the rule in 306 so that the child can be granted a leave to remain which is as long as his father's ? But then there may be a huge amount of health surcharge?