Indefinite Leave to Remain for a child born in the UK.

[artem_cv]

Hello!

My partner and I plan to apply for our ILR on the 1st of July, 2022, after living in the UK for five years on a Tier 2 visa.

We have a child born in the UK during those five years.
Do we need to apply for the ILR for him as part of our ILR application?

Can we wait until we get ILR and then apply for British citizenship for him?

The issue is that his PBS dependent visa expires soon (most likely, before the IRL decision - on the 15th of July, 2022). Will it be a problem?

Thanks!
Artem

[CR001]

Do we need to apply for the ILR for him as part of our ILR application?

No.

Can we wait until we get ILR and then apply for British citizenship for him?

Yes.

The issue is that his PBS dependent visa expires soon (most likely, before the IRL decision - on the 15th of July, 2022). Will it be a problem?

No, UK born children have an entitlement to register as British even if they do not have a valid visa. The only issue you might have once the visa expires is no free NHS service.

[artem_cv]

Great! Thank you so much for such a quick reply, @CR001!

Have a great day!

[artem_cv]

Sorry, one more question regarding this matter.
Should I write a cover letter to a caseworker explaining why I didn't include my child in the application?

Thanks!
Artem

[Ticktack]

Sorry, one more question regarding this matter.
Should I write a cover letter to a caseworker explaining why I didn't include my child in the application?

Thanks!
Artem

That's fine. Just say that you intend to register him as a Brit once you get your ILR approved. It's no big deal, they no their own rules.

[artem_cv]

Brilliant! Thank you, Ticktack, for a quick reply!

[artem_cv]

Hello,

I've found this response: https://www.whatdotheyknow.com/request/ ... as_permiss

Normally a child born in the UK would be free from immigration control.
However once a child has been issued a visa, they are then subject to
immigration rules and would need to continue to have a valid visa. If the
visa expires and they do not have an application in progress, the child
then becomes an over stayer and in breach of immigration rules.

Is that still the case?
I'm worried about that as my child's PBS visa expired 16 days ago, and I just submitted the registration as british citizen application.

Will that affect the application?

Thanks!

[zimba]

Registration is based on entitlement under the nationality law. Overstaying only matters when the child is subject to the good character requirement, so only if aged 10 or above

[artem_cv]

Registration is based on entitlement under the nationality law. Overstaying only matters when the child is subject to the good character requirement, so only if aged 10 or above

Hi Zimba,

Thank you very much for a quick reply!

[artem_cv]

I can confirm that works. My son got his British citizenship.
Thanks, everyone!

[Ticktack]

I can confirm that works. My son got his British citizenship.
Thanks, everyone!

Thanks for updating. Congratulations!