180 days rule for child

[patelviraln]

Hi,

I had a question around ILR process. Me and my husband will complete 5 years on current visa in December and will be eligible to apply for ILR.
Our son who is born in uk(and now has a BRP with same validity as ours) will be also eligible for British citizenship in the same process.
I had a question around the rule where you can't stay out of uk for more than 180 days in any 12 month rolling period.

Obviously that will be checked for me and my husband as we will be applying to get our ILR.

1.Is the 180 day rule also applicable /checked for babies that automatically go from tier 2 Dependent visa to British citizenship after one of the parents get the ILR?

2.Our Visa is valid till Jan 2024, will the child be counted as overstayer in case the British Passport or our ILR is not obtained by the time BRP expires ?

[zimba]

Children do NOT have a residence or absence requirement for ILR at all. They settle when both parents settle. This is the general rule.

1. No. Children born in the UK to parents who settle in the UK have an entitlement to register as a British citizen
2. A child born in the UK who stays in the Uk and is never granted any visa will never become an overstayer. If you aim to register the baby as British and do not want to travel then there is no need for a visa for such a child. Overstaying has no effect anyway.

[patelviraln]

2. Child has a dependent visa valid till Jan 2024. So if there is a delay with our ILR application or British Citizenship for child, will he be considered to be overstaying.

[zimba]

2. Child has a dependent visa valid till Jan 2024. So if there is a delay with our ILR application or British Citizenship for child, will he be considered to be overstaying.

Yes but that does not affect the registration process. As I said child has an entitlement to British citizenship

[patelviraln]

Thank you.