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Do I need to include uk born baby in tier 1 extention?

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esmsi
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Do I need to include uk born baby in tier 1 extention?

Post by esmsi » Sun Feb 26, 2012 12:11 pm

I came UK 2003 September as Student visa.After IGS/PSW , I got 3 years tier1 visa in July 2009 with my wife .

My wife came as my dependent in May 2008. My born July 2010 .

In my tier 1 extention in July 2012, do I need to apply visa for my uk born baby?

I have a plan to apply ILR in 10 years rule in September 2013(Not tier1 rule).If I get ILR my baby get ILR without any UK visa?

vinny
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Post by vinny » Sun Feb 26, 2012 12:31 pm

If not travelling, then don't apply for leave to remain for baby.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

esmsi
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Posts: 519
Joined: Sun Feb 26, 2012 11:36 am

Post by esmsi » Sun Feb 26, 2012 1:11 pm

Thanks Vinny.

Without apply child visa , can I apply ILR in 10 years Or work permitt 5 years rule ?


Also , the answer of uk born child visa is different here
www.spammer.com/uk-discussion-f ... -born-baby

vinny
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Post by vinny » Sun Feb 26, 2012 1:33 pm

Do click on my link(s) above for more details of the immigration rules and the immigration directorate instructions. Non-inclusion of child should not affect you application. Moreover, dependants cannot be included with applications for ILR under Long residence anyway.
Last edited by vinny on Sat Mar 10, 2012 12:44 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sun Feb 26, 2012 4:07 pm

esmsi wrote:Also , the answer of uk born child visa is different here
www.spammer.com/uk-discussion-f ... -born-baby
It's not so different.
If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the UK Border Agency for your baby. They are deemed to have leave to remain in the UK until you leave.

If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

esmsi
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Post by esmsi » Thu Mar 01, 2012 1:54 pm

Again Thanks vinny.
But , this section bellow confused again

http://www.ukba.homeoffice.gov.uk/polic ... /children/
Children born in the United Kingdom who are not British citizens

304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.

jan77
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Location: london

Post by jan77 » Thu Mar 01, 2012 2:18 pm

@esmsi,

Vinny quote and the section you are talking about says the same thing.
Thats what I can see
The purpose of this world is God

esmsi
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Post by esmsi » Thu Mar 01, 2012 2:47 pm

Thanks jan77.

I am happy If I am wrong.


http://www.ukba.homeoffice.gov.uk/polic ... /children/
Children born in the United Kingdom who are not British citizens

304. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom.

esmsi
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Post by esmsi » Thu Mar 01, 2012 4:36 pm

The immigration directorate instructions are internal guidance used by staff when handling applications.

http://www.ukba.homeoffice.gov.uk/sitec ... schapter8/

Section 4a is not law ,advice to immigration officer


Section 4a - Children born in the United Kingdom who are not British Citizens (63KB opens in a new window)

vinny
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Post by vinny » Thu Mar 01, 2012 11:58 pm

esmsi wrote:Again Thanks vinny.
But , this section bellow confused again

http://www.ukba.homeoffice.gov.uk/polic ... /children/
Children born in the United Kingdom who are not British citizens

304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.
... and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom...
The important point is that children born in the UK are not required to seek permission, if they remain in the UK.

Children born in the UK, who are not British, are not illegal entrants because they have not entered unlawfully. If they have not applied for leave to enter/remain in the UK, then they are not overstayers nor in breach of their conditions of leave because they do not have any conditions to breach; in principle, therefore, they may remain in the UK indefinitely!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

esmsi
Senior Member
Posts: 519
Joined: Sun Feb 26, 2012 11:36 am

Post by esmsi » Fri Mar 02, 2012 1:06 pm

Again Thanks Vinny.

leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom...


I understand the point.

If you want ,they will give visa. But, it is not mandatory.

vinny
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Post by vinny » Sat Mar 03, 2012 11:17 am

Subsequently, child may be entitled to register for British citizenship.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

lesbere
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Post by lesbere » Sat Mar 03, 2012 7:47 pm

Vinny, I felt a lot of relief knowing that I can defer the application of my UK born kids. My issue is that I have always renewed my kids along side with mine since they were born. Considering the new fees, that will cost me £1500. Do you think I should defer it till ILR even though I have renewed for them already?



vinny wrote:
esmsi wrote:Again Thanks vinny.
But , this section bellow confused again

http://www.ukba.homeoffice.gov.uk/polic ... /children/
Children born in the United Kingdom who are not British citizens

304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.
... and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom...
The important point is that children born in the UK are not required to seek permission, if they remain in the UK.

Children born in the UK, who are not British, are not illegal entrants because they have not entered unlawfully. If they have not applied for leave to enter/remain in the UK, then they are not overstayers nor in breach of their conditions of leave because they do not have any conditions to breach; in principle, therefore, they may remain in the UK indefinitely!

vinny
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Posts: 28302
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Mar 06, 2012 11:33 pm

lesbere wrote:Please guys, take a look at this thread and advice accordingly. My two kids were born here but I have always applied for their leave with mine. I have no intention of travelling till I get ILR in two years time. I do however have extension very soon, because of the high fees, do I need to apply for them or leave it? This may potentially save me £1500.


http://www.immigrationboards.com/viewtopic.php?t=96758
lesbere wrote:Can anyone advice me if it is ok not to apply for renewal of my kids born here bcos of the cost. I have always applied for them including my initial tier1 general application but thinking of not applying for them now. Given the fact that I have applied for them before and I won't be travelling till ILR, can I leave them out? Thanks
Please continue in your other thread.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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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