Urgent query - MN1 submitted for child, need to travel but BRP expired

[Haali]

Hello, hope everyone is well.

I've submitted MN1 applications for both of my kids (biometrics appt awaited), after my wife and I were both recently granted ILR following 5 year route of being on tier 2/Health and care visa main applicant and dependent. Both kids were born here in the UK as PBS dependents.

I submitted our standard ILR (Set O) application towards the end of last year, a few weeks before all of our BRPs were set to expire as had reached the eligibility period. By the time my wife and I received our outcome, all 4 of our BRPs were expired. Was told kids born in the UK wouldn't be classed as overstayers without a valid BRP and would only need one to travel in/out of UK. We have pvt medical insurance.

Unfortunately unforseen circumstances have made it imp to travel back to our home country as latest as July for a 6 week trip. I realize that may be too tight for their registration/British passports to come through.

They have valid passports but is there anyway I can extend their H&C visa to obtain a valid BRP using my old COS number in order for them to travel in/out of the country? Would I need my ILR's UAN number? Or what other options do I have as it may be unaffordable to pay 3 years of IHS for each applicant to cover a short trip if I need to apply for a dependent visa in any other category.

Thanks in advance.

[vinny]

Unfortunately, if their leave have expired, then they are overstayers. However, this should not affect their entitlement to register. Before they are granted British citizenship, they may apply for entry clearances before returning to the UK.

[Haali]

Unfortunately, if their leave have expired, then they are overstayers. However, this should not affect their entitlement to register. Before they are granted British citizenship, they may apply for entry clearances before returning to the UK.

Thank you for your response vinny.
I've had a look at applying for the entry clearance option with ILR and the stated application fees of £1870 with potential IHS of over £1000 per year per applicant for 2 kids will be unaffordable.
Their registration application is in process now - would there be any provision for getting a faster decision on medical/compassionate grounds if I include a cover letter with evidence for close family members illness?
Alternatively is it possible to apply for a child first time British passport from overseas which may allow them to return back?
I'd be very grateful for your help as in a stressful situation.
Thank you

[meself2]

Alternatively is it possible to apply for a child first time British passport from overseas which may allow them to return back?

Technically, yes; practically, you would need to obtain a registration certificate from UK once/if approved, then wait for 6 months/a year or more, as passports on Indian subcontinent take an extremely long time. I wouldn't advise to bet on that.

I don't see an easy way out. You used the concession to not extend kids' visas and it backfired, unfortunately.

[Haali]

[/quote]
You used the concession to not extend kids' visas and it backfired, unfortunately.
[/quote]

It wasn't like that. Me or my family have never been in the UK without valid leave.
Last year around the time my contract was ending, my employer wasn't extending and work wasn't easy to find - all of our BRPs were expiring at the same time.
My wife and I had just reached our ILR eligiblity period a couple of weeks before our BRPs were due to expire and I applied for our ILRs granting us valid stay until the outcome of the application which was eventually successful.
I wasn't sure how I would've extended my kids valid leave and was told for kids born in the UK, they wouldn't need a valid BRP and as soon as either parent gets a successful outcome on a settled status, they become eligible for British citizenship, which I followed.
I'm unsure given the circumstances how I would've extended their BRPs before they expired because I would have, if I could have.

Anyways thanks for your help.

[meself2]

I'm unsure given the circumstances how I would've extended their BRPs before they expired because I would have, if I could have.

They could've applied for ILR, same way you/your spouse did as kids follow the path of least privileged parent. But it's too late to cry over spilled milk.

[CR001]

I'm unsure given the circumstances how I would've extended their BRPs before they expired because I would have, if I could have.

They could've applied for ILR, same way you/your spouse did as kids follow the path of least privileged parent. But it's too late to cry over spilled milk.

The children could have simply applied to extend their dependent visa for 3 years before their visas expired

[vinny]

As they were born in the UK, I think 306 also allows them to apply for ILE/ILR when one parent is granted ILR. But I suspect they may make excuses to reject these rules.