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ILR for child born outside UK

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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karthik_513
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ILR for child born outside UK

Post by karthik_513 » Wed Feb 19, 2020 7:21 pm

Father - got ILR in June 2016 - planning to apply for Naturalization next year
Mother - on ILR dependant (expiry date : July 2020)... Outside uk for more than 1 yr
Kid - 10 months old Born outside uk .

Can you please tell :

1. if i can now apply as ILR dependant for the kid as a single applicant (Or) should i have to apply with the mother During July when she extends her ILR

2.Can the mother extend her ILR outside the country.?

Can you please advise - appreciate your time.

Thanks

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CR001
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Re: ILR for child born outside UK

Post by CR001 » Wed Feb 19, 2020 9:06 pm

1. Child will qualify for ilr when your spouse does. There is no shortcut route for children born abroad.

2. They should apply for an extension within the UK. Applications outside the UK is a new entry clearance visa.

Presumably you mean she has a spouse visa which needs to be extended and not "extend ilr"?
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karthik_513
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Re: ILR for child born outside UK

Post by karthik_513 » Wed Feb 19, 2020 9:40 pm

Thanks For your response CR001

The Mother is already on settlement dependant visa - got it for 2 yrs initially and it is due to expire in July 2020 - Can this be extended outside the country (or) will she have to apply again as a new settlement dependant visa ?

Regarding the kid - Can i apply for a settlement dependant/child visa by showing father's ILR and Mother's settlement dependant visa(due to expire in July) as a proof straight away and bring both mother and kid to the uk before mother's visa expires (July) and then extend mother's visa within uk.

My main question is - what visa should i have to apply for the Kid (when father is on ILR and mother is on settlement dependant visa that is due to expire in July 2020)

Hope this makes sense - Can you please let me know

Appreciate your help

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CR001
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Re: ILR for child born outside UK

Post by CR001 » Wed Feb 19, 2020 9:56 pm

Child applies for the same visa as the mother. Duration of visa will be same as mother with the same expiry date.

A spouse visa is not issued for 2 years. It is either 33 months if applied initially outside the UK or 2.5 years if applied for within the UK

Pity the child was not born in the UK, they child would have been automatically British and could have applied for a passport directly.
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karthik_513
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Re: ILR for child born outside UK

Post by karthik_513 » Wed Feb 19, 2020 10:31 pm

Thanks again for the response

Since Mother's visa expires in July 2020, I presume the child will the get the visa only till this date.(for 4 months) - I am not sure if its a good idea to spend over 2k and get only 4 months visa before it can be extended.

As you have mentioned, mother's visa cannot be extended outside the country - should i need to wait till mother's existing settlement dependant visa expires(July 2020) and then apply for a for NEW settlement dependent visa for both mother and the kid at the same time ??

Can you please let me know.

Thanks.

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zimba
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Re: ILR for child born outside UK

Post by zimba » Thu Feb 20, 2020 3:51 am

They both better apply for entry clearance and get 33 months visa. No need to wait for the current visa to expire.
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karthik_513
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Re: ILR for child born outside UK

Post by karthik_513 » Thu Feb 20, 2020 8:00 pm

Thanks for the response

As you said, if i apply for a new settlement dependant visa for both mother and kid before mother's existing visa expires (who currently holds the same settlement dependant), will the current visa be cancelled ?? and should i need to send Mother's BRP card (valid till july) along with the new application ??

Can you please let me know.

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zimba
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Re: ILR for child born outside UK

Post by zimba » Fri Feb 21, 2020 1:50 am

The fact the have a visa is irrelevant. They can get a new entry clearance and enter the UK again under the new visa
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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