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ILR query for son

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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vraj13in
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ILR query for son

Post by vraj13in » Wed Dec 30, 2020 4:56 pm

My wife and I have applied for ILR and we have received the settlement card too. Question I've is can I apply for my son (6 years old currently holding Tier 2 General Dependant visa (expiring on Sep 21) & Indian passport) registration or do I need to apply for ILR first then apply for registration/UK passport?

Appreciate your guidance on this.

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CR001
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Re: ILR query for son

Post by CR001 » Wed Dec 30, 2020 4:58 pm

Where was he born??

Presumably he was born abroad and not in the UK??

On what basis did you get ilr, 5 years tier 2 or 10 years long residence?
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vraj13in
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Re: ILR query for son

Post by vraj13in » Wed Dec 30, 2020 5:21 pm

Yes that's correct, he was born in India. I've received my ILR on 5 years tier 2 basis.

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CR001
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Re: ILR query for son

Post by CR001 » Wed Dec 30, 2020 5:25 pm

Why did you not include the child with your and your spouse ilr application??? That would have been the correct and senaible thing to do.

A child born abroad has no entitlement to apply for British citizenship when parents get ilr. That is only relevant to UK born children.

Children born abroad require ilr first and can only apply for citizenship when either parent applies and the other holds ilr too.

Please also stop tagging your question onto other members topics!!!
Char (CR001 not Casa)
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vraj13in
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Re: ILR query for son

Post by vraj13in » Wed Dec 30, 2020 5:43 pm

Thanks a lot for the clarification, appreciate your feedback & apologies that I tagged my question to another members topic.

Just to clarify I've second child and she was born in UK, so for her I can apply for registration/UK passport directly (since I'm ILR holder now) even though she holds Tier 2 general dependant visa & Indian passport - Is my understanding right?

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CR001
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Re: ILR query for son

Post by CR001 » Wed Dec 30, 2020 5:51 pm

Your UK born child must be registered as British first if born before you got ilr. Only once they are registered as British, can you apply for a British passport.

If the child was born in the UK after you got ilr, then you can apply for a passport directly, which doesn't seem to be the case if the child has a tier 2 dependent visa.
Char (CR001 not Casa)
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vraj13in
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Re: ILR query for son

Post by vraj13in » Wed Dec 30, 2020 6:37 pm

That's correct, really appreciate your feedback (now all my doubts are clear).

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