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Status of Child born under Tier 2 General/ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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teeewai
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Status of Child born under Tier 2 General/ILR

Post by teeewai » Tue Mar 05, 2019 7:24 pm

Hi Guys,

I'm on Tier 2 G visa and due for ILR in mid July this year, I will be sending in my ILR application later in June. My current visa expires July 2020.

My wife is a dependent and will also qualify for ILR Nov this year as she will clock 5 years. However, I have a 13 months old son born in the UK, he is currently not on any visa nor has any passport. People have advised not to apply for him under Tier 2 dependent Visa as he'll be able to register as a British Citizen once I get my ILR. I don't know how true this is.

Can you kindly advise me if its advisable to apply for my son as a Tier 2 dependent before ILR or what are his chances after I get my ILR if I don't have him a dependant on Tier 2?

Are we breaking any law by not having him under any visa in the past 13 months?

Many thanks in anticipation of your response.

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CR001
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Re: Status of Child born under Tier 2 General/ILR

Post by CR001 » Tue Mar 05, 2019 7:32 pm

People have advised not to apply for him under Tier 2 dependent Visa as he'll be able to register as a British Citizen once I get my ILR. I don't know how true this is.
True. He has an entitlement to register as British once either parent gets ILR. He does not need ILR or visa to register as British.
Char (CR001 not Casa)
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teeewai
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Posts: 23
Joined: Sat May 24, 2014 2:25 pm

Re: Status of Child born under Tier 2 General/ILR

Post by teeewai » Tue Mar 05, 2019 10:46 pm

Many thanks for the fast reponse @CR001

When applying for the ILR, do I need to mention him as a dependent or mention only my wife?

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CR001
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Re: Status of Child born under Tier 2 General/ILR

Post by CR001 » Wed Mar 06, 2019 8:45 am

Wife only as child does not have a visa and therefore not "known" to HO.

You can add a note about the child and state you will be registering him as British under Section 1(3) of the nationality act once ILR is granted.
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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