Clarification on baby born in the UK and application date

[sylang]

Hello, everyone. This is my first post here. Thank you all in advance for the help I ask for.

I am a work permit holder and would like to apply for ILR in person with two dependants in my application (wife and a baby boy). Two questions as given below. They are probably not new but I would really appreciate some definite answers.

1. my visa is valid from 19/07/05 to 24/07/10. I came to the UK on 01/08/05. Should I start calculating the 28-day period from 01/08/05 or 19/07/05? If the former, I can only apply from 05/07 or beyond. Otherwise I will be able to visit a PEO from 22/06.

2. I haven't applied for any visa for my baby boy who was born in the UK last Oct. I understand it is okay at the moment so long as he does not leave and re-enter the county. For ILR application, do I have to sort out a visa for my son so he can be added as my dependant or I can just take his blank passport with the birth certificate. Obviously the latter will save a fair amount of cost.

Cheers

[geriatrix]

I came to the UK on 01/08/05. Should I start calculating the 28-day period from 01/08/05 or 19/07/05?

01/08/10

I haven't applied for any visa for my baby boy who was born in the UK last Oct. I understand it is okay at the moment so long as he does not leave and re-enter the county.

Correct. Also, no need for you to include your child in the ILR application. Apply for self and wife only.

After you have your ILR, register the child as a British Citizen (Section 1(3)) using form MN1. And when you receive the Certificate of Registration, apply for British Passport for the child.


regards

[coolwp]

Wow Sushdmehta!! I really appreciate your knowledge and contribution in this forum. You are a real Guru!!

[sylang]

Correct. Also, no need for you to include your child in the ILR application. Apply for self and wife only.

thank you, sushdmehta. I heard this Section 1(3) but the form you pointed to me is very useful!

Going back to my question no.2, do you reckon it is going to be okay if I do want to include my son in my ILR application without getting him a dependant visa first? Not sure whether I want him become a British citizen before I make up my own mind.

I read a number of applicants have inlcuded a birth certificate in the supporting document list so wonder if anyone else have similar experience for their children?

[geriatrix]

Your child doesn't need a dependent visa unless you intend to travel outside the UK with him. Nor does he needs to be included in your ILR application.

Get your ILR > register child as british citizen using MN1 > Apply for child's British passport.

All IMHO.


regards

[linearkieran]

Thanks Sushdmehta,

You are a star!

[manyaonisland]

I came to the UK on 01/08/05. Should I start calculating the 28-day period from 01/08/05 or 19/07/05?

01/08/10

I haven't applied for any visa for my baby boy who was born in the UK last Oct. I understand it is okay at the moment so long as he does not leave and re-enter the county.

Correct. Also, no need for you to include your child in the ILR application. Apply for self and wife only.

After you have your ILR, register the child as a British Citizen (Section 1(3)) using form MN1. And when you receive the Certificate of Registration, apply for British Passport for the child.


regards

Is this applicable to the child who has indian passport have dependent visa and travelled to India and back in UK?

[vinny]

The entitlement in Section 1(3) is applicable to all children, born in the UK, whose parent have been granted settlement.

[manyaonisland]

So my current situation is as follows
• I have WP valid till 20th Jun 2011
• My daughter, born in UK in 2009, has Indian passport having WP dependent visa expiring on 20th Jun 2011
• I am applying for ILR on 26th May 2011 not including her as i plan to register her as British citizen once i get my ILR (fingers crossed!)
• I will complete MN1 once I get my ILR and will try to send it as soon as I can.
• If the processing goes beyond 20th Jun 2011 which I am sure it will, what would be her immigration status? Will she be legally staying in UK? The last thing I want UKBA to say that she is staying illegal then as her dependent visa is expired.
• Is there any info on the immigration status of the minor when the nationality registration application is under consideration?

Please let me know.

Thanks in advacen.

[vinny]

Immigration status is not relevant to entitlement under section 1(3).

[stephno]

• If the processing goes beyond 20th Jun 2011 which I am sure it will, what would be her immigration status? Will she be legally staying in UK? The last thing I want UKBA to say that she is staying illegal then as her dependent visa is expired.
• Is there any info on the immigration status of the minor when the nationality registration application is under consideration?

I don't know how to quote properly! But in reply to above, we are in the same situation (applying June 8, son's visa expires June 28). We are going to do it as quickly as possible. The only problem I can see is if you have to take them out of the country before you get the british passport processed. We just won't be able to. From what I have read, it takes around 2-3 weeks to get the certificate through. After that, I guess if there were a need for emergency travel we could get an emergency passport issued. But hopefully, will just be able to go through the normal process with normal fees. I will be doing it all immediately though - already have the form downloaded and collecting the required signitures, photos etc and will take it to a checking service on June 9 (hopefully if IRL approved).
Hope that helps.

[stephno]

sorry i got the quote and my post around the wrong way. And should have said june 28

[manyaonisland]

sorry i got the quote and my post around the wrong way. And should have said june 28

That is fine - what matter is what you want to say and it was clear.

Now that you have already done the analysis on the registration process and expenses for your child, can you please give me idea about the process and expenses involved? need to plan funds for that following our ILR.

[stephno]

See the link above earlier in this thread - you need form MN1 and there is a guide to go with it. It is quite straightforward.

I think you just need their birth certificate, your passports with ILR in it, 2 referees (see guide for details) and 2 passport photos. Cost is around £550 from memory - so still cheaper than doing ILR, and even if you get ILR you still have to pay this fee for citizenship certificate.

Then passport will be normal fee that any citizen pays (haven't got that far yet). You can use a checking service through the council to speed up the certificate process, then proceed straight away to UK passport. Otherwise if you had to leave and they only had their original passport with out of date visa you might have trouble getting them back in.

[manyaonisland]

Thanks for the info stephno!