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Tier 2 dependent Child born in UK (on visa)

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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vfinancials
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Posts: 49
Joined: Tue Jun 18, 2013 5:52 am

Tier 2 dependent Child born in UK (on visa)

Post by vfinancials » Thu Jun 28, 2018 11:21 pm

Hi, I got same question as @silk_marchent

I got my ILR to apply after few months.
I have two kids both born in UK.

Child 1: One is about 3 and half years old and have my dependent visa approved while extension for first time and travelled once outside UK.

Child 2: The younger kid still has no visa since born. About him I am sure, I do not need to apply ILR with my application as he never have travelled outside UK or applied for visa before and can straight go to Registration after my approval.

My question is: Do I need to apply for Child 1 ILR with my ILR application? As My understanding, UK born children can straight apply for registration and British passport when I get my ILR approved.

Condition 1: if I do not apply ILR of Child 1 with my application and his visa expires as my visa expires. Would he be overstayer and can impact his registration after my approval?

Condition 2: I apply his ILR along with my application and it would be like wasting £2200+ as he can straight apply for British passport once my ILR approves.

This really confusing and frustrated part if anyone can help us properly on this. Thanks

shinhwa
Junior Member
Posts: 51
Joined: Fri Apr 13, 2018 3:46 am
China

Re: Tier 2 dependent Child born in UK (on visa)

Post by shinhwa » Fri Jun 29, 2018 10:06 am

who's the main applicant for your tier2 dependant visa? As you said you are dependant?

shinhwa
Junior Member
Posts: 51
Joined: Fri Apr 13, 2018 3:46 am
China

Re: Tier 2 dependent Child born in UK (on visa)

Post by shinhwa » Fri Jun 29, 2018 10:16 am

vfinancials wrote:
Thu Jun 28, 2018 11:21 pm
Hi, I got same question as @silk_marchent

I got my ILR to apply after few months.
I have two kids both born in UK.

Child 1: One is about 3 and half years old and have my dependent visa approved while extension for first time and travelled once outside UK.

Child 2: The younger kid still has no visa since born. About him I am sure, I do not need to apply ILR with my application as he never have travelled outside UK or applied for visa before and can straight go to Registration after my approval.

My question is: Do I need to apply for Child 1 ILR with my ILR application? As My understanding, UK born children can straight apply for registration and British passport when I get my ILR approved.

Condition 1: if I do not apply ILR of Child 1 with my application and his visa expires as my visa expires. Would he be overstayer and can impact his registration after my approval?

Condition 2: I apply his ILR along with my application and it would be like wasting £2200+ as he can straight apply for British passport once my ILR approves.

This really confusing and frustrated part if anyone can help us properly on this. Thanks

As your Chind 1 has got dependant visa, so unfortunately he must follow the PBS visa's 5 years route. You can not put him as your dependant on your ILR application form. But you can put your Child 2 if you dont want him to join British nationality. Or, you can apply British Nationality for your child 2 once you have received your ILR BRP card, and then apply the passport for him.

shinhwa
Junior Member
Posts: 51
Joined: Fri Apr 13, 2018 3:46 am
China

Re: Tier 2 dependent Child born in UK (on visa)

Post by shinhwa » Fri Jun 29, 2018 10:25 am

shinhwa wrote:
Fri Jun 29, 2018 10:16 am
vfinancials wrote:
Thu Jun 28, 2018 11:21 pm
Hi, I got same question as @silk_marchent

I got my ILR to apply after few months.
I have two kids both born in UK.

Child 1: One is about 3 and half years old and have my dependent visa approved while extension for first time and travelled once outside UK.

Child 2: The younger kid still has no visa since born. About him I am sure, I do not need to apply ILR with my application as he never have travelled outside UK or applied for visa before and can straight go to Registration after my approval.

My question is: Do I need to apply for Child 1 ILR with my ILR application? As My understanding, UK born children can straight apply for registration and British passport when I get my ILR approved.

Condition 1: if I do not apply ILR of Child 1 with my application and his visa expires as my visa expires. Would he be overstayer and can impact his registration after my approval?

Condition 2: I apply his ILR along with my application and it would be like wasting £2200+ as he can straight apply for British passport once my ILR approves.

This really confusing and frustrated part if anyone can help us properly on this. Thanks

As your Chind 1 has got dependant visa, so unfortunately he must follow the PBS visa's 5 years route. You can not put him as your dependant on your ILR application form. But you can put your Child 2 if you dont want him to join British nationality. Or, you can apply British Nationality for your child 2 once you have received your ILR BRP card, and then apply the passport for him.
vfinancials wrote:
Thu Jun 28, 2018 11:21 pm
Hi, I got same question as @silk_marchent

I got my ILR to apply after few months.
I have two kids both born in UK.

Child 1: One is about 3 and half years old and have my dependent visa approved while extension for first time and travelled once outside UK.

Child 2: The younger kid still has no visa since born. About him I am sure, I do not need to apply ILR with my application as he never have travelled outside UK or applied for visa before and can straight go to Registration after my approval.

My question is: Do I need to apply for Child 1 ILR with my ILR application? As My understanding, UK born children can straight apply for registration and British passport when I get my ILR approved.

Condition 1: if I do not apply ILR of Child 1 with my application and his visa expires as my visa expires. Would he be overstayer and can impact his registration after my approval?

Condition 2: I apply his ILR along with my application and it would be like wasting £2200+ as he can straight apply for British passport once my ILR approves.

This really confusing and frustrated part if anyone can help us properly on this. Thanks

Your Chind 1 will not be an overstayer as long as his Dependant visa does not got expired, you can just extend it within 28 days before the visa expires.

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CR001
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Re: Tier 2 dependent Child born in UK (on visa)

Post by CR001 » Fri Jun 29, 2018 10:26 am

shinhwa wrote:
Fri Jun 29, 2018 10:16 am
vfinancials wrote:
Thu Jun 28, 2018 11:21 pm
Hi, I got same question as @silk_marchent

I got my ILR to apply after few months.
I have two kids both born in UK.

Child 1: One is about 3 and half years old and have my dependent visa approved while extension for first time and travelled once outside UK.

Child 2: The younger kid still has no visa since born. About him I am sure, I do not need to apply ILR with my application as he never have travelled outside UK or applied for visa before and can straight go to Registration after my approval.

My question is: Do I need to apply for Child 1 ILR with my ILR application? As My understanding, UK born children can straight apply for registration and British passport when I get my ILR approved.

Condition 1: if I do not apply ILR of Child 1 with my application and his visa expires as my visa expires. Would he be overstayer and can impact his registration after my approval?

Condition 2: I apply his ILR along with my application and it would be like wasting £2200+ as he can straight apply for British passport once my ILR approves.

This really confusing and frustrated part if anyone can help us properly on this. Thanks

As your Chind 1 has got dependant visa, so unfortunately he must follow the PBS visa's 5 years route. You can not put him as your dependant on your ILR application form. But you can put your Child 2 if you dont want him to join British nationality. Or, you can apply British Nationality for your child 2 once you have received your ILR BRP card, and then apply the passport for him.
@ shimhwa - Kindly DO NOT give incorrect information and advice. Child one DOES NOT have to apply for ILR if the parents opt to register the child as British, regardless of whether the child has a dependent visa or not. A UK born child is entitled to register as British once EITHER parent is granted ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
CR001
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Posts: 87010
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 dependent Child born in UK (on visa)

Post by CR001 » Fri Jun 29, 2018 10:27 am

shinhwa wrote:
Fri Jun 29, 2018 10:25 am
Your Chind 1 will not be an overstayer as long as his Dependant visa does not got expired, you can just extend it within 28 days before the visa expires.
You are not helping here and only creating confusion as you do not seem to understand the rules at all for UK born children.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Tier 2 dependent Child born in UK (on visa)

Post by CR001 » Fri Jun 29, 2018 10:29 am

vfinancials wrote:
Thu Jun 28, 2018 11:21 pm
Hi, I got same question as @silk_marchent

I got my ILR to apply after few months.
I have two kids both born in UK.

Child 1: One is about 3 and half years old and have my dependent visa approved while extension for first time and travelled once outside UK.

Child 2: The younger kid still has no visa since born. About him I am sure, I do not need to apply ILR with my application as he never have travelled outside UK or applied for visa before and can straight go to Registration after my approval.

My question is: Do I need to apply for Child 1 ILR with my ILR application? As My understanding, UK born children can straight apply for registration and British passport when I get my ILR approved.

Condition 1: if I do not apply ILR of Child 1 with my application and his visa expires as my visa expires. Would he be overstayer and can impact his registration after my approval?

Condition 2: I apply his ILR along with my application and it would be like wasting £2200+ as he can straight apply for British passport once my ILR approves.

This really confusing and frustrated part if anyone can help us properly on this. Thanks
Please ignore the previous users advice.

Both children DO NOT require ILR if you are planning to register them as British on form MN1 once you get ILR. They are entitled to register as British even if they do not have a visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vfinancials
Newbie
Posts: 49
Joined: Tue Jun 18, 2013 5:52 am

Re: Tier 2 dependent Child born in UK (on visa)

Post by vfinancials » Sat Jun 30, 2018 12:32 am

CR001 wrote:
Fri Jun 29, 2018 10:29 am
vfinancials wrote:
Thu Jun 28, 2018 11:21 pm
Hi, I got same question as @silk_marchent

I got my ILR to apply after few months.
I have two kids both born in UK.

Child 1: One is about 3 and half years old and have my dependent visa approved while extension for first time and travelled once outside UK.

Child 2: The younger kid still has no visa since born. About him I am sure, I do not need to apply ILR with my application as he never have travelled outside UK or applied for visa before and can straight go to Registration after my approval.

My question is: Do I need to apply for Child 1 ILR with my ILR application? As My understanding, UK born children can straight apply for registration and British passport when I get my ILR approved.

Condition 1: if I do not apply ILR of Child 1 with my application and his visa expires as my visa expires. Would he be overstayer and can impact his registration after my approval?

Condition 2: I apply his ILR along with my application and it would be like wasting £2200+ as he can straight apply for British passport once my ILR approves.

This really confusing and frustrated part if anyone can help us properly on this. Thanks
Please ignore the previous users advice.

Both children DO NOT require ILR if you are planning to register them as British on form MN1 once you get ILR. They are entitled to register as British even if they do not have a visa.
Thanks for the help and correcting previous Member. I just have a little more confusion here. Even If Child 1 previously granted visa and that visa expires till the time I get my ILR. So this thing will also not matter as long as child is British Born.
we can apply for straight for British Registration?

Please correct me if I am stating something Wrong. Much Appreciated.

P.S. I am applying my ILR through Tier 1 Ent 50K route completing 5 Years. This thread was started by some member who had Tier 2 visa.

vinny
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Re: Tier 2 dependent Child born in UK (on visa)

Post by vinny » Sat Jun 30, 2018 12:54 am

UK born child is entitled to register immediately after a parent has ILR. However, child aged 10 or over is subject to Good character requirements. If child is under 10 years old, then overstaying doesn't matter.
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