ILR for 9 year old Child (UK Born)

My husband had been issued the ICT Established Staff visa in 2010, and he has been in the UK since Aug, 2012. I have been here since March 2013, on a spouse dependent visa. My son was born here in March, 2014. All of us have had a continuous stay here.
Our current BRP is until Sep 20,2023.

My husband and I have applied for ILR through the 10 year route in August first week. Both have applied for Set (LR) individually.

We applied using super priority but got a reply that due to technical issues, the case will not be considered for super priority and application will take standard processing time.

We had not applied for our 9 year old son (UK born) as -
- We could not find an option to include dependents in our Settlement option
- We were hoping to get a decision for one of our applications and in turn applying for his UK citizenship registration via MN1.

However neither of us have received any confirmation yet.
What is the best option now for my son as his BRP is also ending on Sep 20, 2023?

As he was born in the UK and completed 7 years, should we apply under the 'Settlement Private Life' category?
Or should we wait for the decision on our application, and then apply for his registration for UK citizenship via MN1 application? (His current BRP is valid until Sep 20, 2023.

Request you to please let us know what is the most suitable option in this case or if there is any other option?

- We could not find an option to include dependents in our Settlement option

Set LR does not permit 'adding' dependents. It is an individual form only.

- We were hoping to get a decision for one of our applications and in turn applying for his UK citizenship registration via MN1.

You can still do this. A UK born child does NOT need a valid visa to register as British, they have an entitlement to register.

What is the best option now for my son as his BRP is also ending on Sep 20, 2023?

Nothing you need to do. Simply register the child once either of you get ILR. Make sure you have medical insurance cover as once his visa expires, he is no longer entitled to free NHS use.

As he was born in the UK and completed 7 years, should we apply under the 'Settlement Private Life' category?

No, he needs to have held the relevant visa to qualify for private life ILR. He does not hold that visa category. Also, he does NOT need ILR.

Or should we wait for the decision on our application, and then apply for his registration for UK citizenship via MN1 application? (His current BRP is valid until Sep 20, 2023.

Yes,

Thanks for your response. We have a two more queries. Appreciate your help.
Query1 -
Question - "- We were hoping to get a decision for one of our applications and in turn applying for his UK citizenship registration via MN1."

Response - You can still do this. A UK born child does NOT need a valid visa to register as British, they have an entitlement to register.

Query 1 - His current BRP is valid until Sep 20, 2023. After this day, wouldn't his stay here in UK be considered as overstay and be illegal or have any impact in long term?

Query2 -
Question - As he was born in the UK and completed 7 years, should we apply under the 'Settlement Private Life' category?

Response - No, he needs to have held the relevant visa to qualify for private life ILR. He does not hold that visa category. Also, he does NOT need ILR.

Query 2 - What is the relevant visa to qualify for private life ILR? Since he is born in UK, has had a continuous stay of more than 7 years, isn't he eligible? If not, then is there any way (like VISA or leave to remain category etc) that we can use to extend his stay legally?

Query 1 - His current BRP is valid until Sep 20, 2023. After this day, wouldn't his stay here in UK be considered as overstay and be illegal or have any impact in long term?

No impact on registering the child as British. A UK born child has an ENTITLEMENT before the age of 18 to register as British. Yes he will have no legal status, hence why I said to arrange medical insurance otherwise you will have to pay 150% of the NHS charges. But the overstay won't affect his entitlement to register as British. UK born children do NOT need a valid visa or ILR to apply to register as British.

Query 2 - What is the relevant visa to qualify for private life ILR? Since he is born in UK, has had a continuous stay of more than 7 years, isn't he eligible? If not, then is there any way (like VISA or leave to remain category etc) that we can use to extend his stay legally?

He would need to have held FLR FP Private Life visa. PBS Dependent is not a private life visa. You do NOT need to extend his visa. Not having a visa has no effect on his entitlement to register as British.

Thank you for your response!

But hope you understand, I am just worried that our ILR decision would come after his BRP ends, and his stay here until then might be considered overstay or not as per rules.

Is there any way we can apply to extend his visa or make this period of stay legal for him?

I understand that UK born children do NOT need a valid visa or ILR to apply to register as British. Is there any reference of this on the UK Visas and Immigration site? Apologies for asking but am asking this again just because of worry in the present situation.

The best reference you can find is the UK Nationality Act 1981.

https://www.legislation.gov.uk/ukpga/1981/61/2023-07-20

Once the parents are settled and an application has been made for the child registration section
1 (3) comes into force. I can't see any condition for the child's status there. This is outside the HO or UKVI decision space as this is a matter of primary legislation.

You can also check this guidance
https://www.gov.uk/government/publicati ... le-version

Read section 1(3) registration paragraph guidance.