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Parents with Indef Leave to Remain

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aa927
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Posts: 38
Joined: Wed Nov 20, 2013 8:33 am

Parents with Indef Leave to Remain

Post by aa927 » Wed Nov 20, 2013 8:37 am

Hi,

We are Americans with Indefinite Leave to Remain. We had a baby in July 2013 in the USA. What do we have to do to get our baby Indefinite leave to remain? Do we have to apply via form SET(F):
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset(f)/
Thanks!

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Nov 20, 2013 8:46 am

Yes, subject to 299, if she is in the UK. Else, see also Applying for a visa as the child of a British citizen or settled person.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

aa927
Newbie
Posts: 38
Joined: Wed Nov 20, 2013 8:33 am

Post by aa927 » Wed Nov 20, 2013 8:06 pm

Im a bit confused by 299 and 300. We are already in the UK. We entered with our indef leave cards but the baby is just here on his US passport. Should we have applied before coming back to the UK?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Nov 20, 2013 10:06 pm

Probably.

299 permits any dependent child under 18 to apply for ILR, provided all the requirements of 298 are met. However, there is a risk of refusal because he is a visitor.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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