extension for children not born in uk

[cafe99]

Hi everyone,

i got a bit confuse and need some help please

I will apply for ILR next month from 5 year route and my wife got dependent visa just 2 years and i understand she will apply again for Tier 1 dependent visa.

My daughter came to UK same time with my wife and now should she apply same apply in same form with me (SET(O) ) or she need apply in same form with my wife?

when i check in https://www.gov.uk/settle-in-the-uk/y/y ... eneur-visa

it said :
Your child can apply if they:

were previously given permission to stay in the UK as your child
are not married or in a civil partnership
will live with you and be supported by you without using public funds
You and your child’s other parent must both be settled in the UK legally, or currently applying to settle, for the child to be allowed to settle.



another question:

My wife live with me now in UK but in the website : https://www.gov.uk/tier-1-entrepreneur/family-members

Adult family members must provide a criminal record certificate from any country they have lived in for 12 months or more in the last 10 years.

Does my wife need comeback to get this certificate or not ?


thank you very much for your help

[CR001]

My daughter came to UK same time with my wife and now should she apply same apply in same form with me (SET(O) ) or she need apply in same form with my wife?

No, child cannot apply with you. She will qualify for ILR when your wife does.

Does my wife need comeback to get this certificate or not ?

No.

[cafe99]

Many thank for your answer.

I got another child was born in UK. should i included him as my Set(O) dependent or should i make him in same form with my wife ?

Thank you very much indeed

[CR001]

If you are planning on registering your UK born child as British once you have ILR then no, you do not have to apply for any visa for the child.

[cafe99]

If you are planning on registering your UK born child as British once you have ILR then no, you do not have to apply for any visa for the child.

but he already traveled out of UK with other country passport.
and he also obtained dependent VISA when he traveled back UK last few month

Please help me advice

[CR001]

If you are planning on registering your UK born child as British once you have ILR then no, you do not have to apply for any visa for the child.

but he already traveled out of UK with other country passport.
and he also obtained dependent VISA when he traveled back UK last few month

Please help me advice

So, what is the issue then??

A UK born child DOES NOT require ILR to be registered as British.

If you DO NOT want to apply for British citizenship for the child, then the child must apply for ILR with the other parent.

[cafe99]

If you are planning on registering your UK born child as British once you have ILR then no, you do not have to apply for any visa for the child.

but he already traveled out of UK with other country passport.
and he also obtained dependent VISA when he traveled back UK last few month

Please help me advice

So, what is the issue then??

A UK born child DOES NOT require ILR to be registered as British.

If you DO NOT want to apply for British citizenship for the child, then the child must apply for ILR with the other parent.

thank you and I understand your point that he do not need apply for ILR before he can apply for British
however, he visa in UK will expired same time with my current VISA and if my application take long time and he will living in UK without any valid VISA ( because he now got dependent VISA only) .

[CR001]

It does NOT matter. A UK born child is entitled to register as British and won't be considered an overstayer.

If you are that stressed, then apply for an extension for the child.

[marcnath]

If you are planning on registering your UK born child as British once you have ILR then no, you do not have to apply for any visa for the child.

but he already traveled out of UK with other country passport.
and he also obtained dependent VISA when he traveled back UK last few month

Please help me advice

So, what is the issue then??

A UK born child DOES NOT require ILR to be registered as British.

If you DO NOT want to apply for British citizenship for the child, then the child must apply for ILR with the other parent.

thank you and I understand your point that he do not need apply for ILR before he can apply for British
however, he visa in UK will expired same time with my current VISA and if my application take long time and he will living in UK without any valid VISA ( because he now got dependent VISA only) .

Not having a valid visa is not a disqualification for British citizenship of an UK born child. He will become an overstayer if you don't submit an application, but again that has no impact on the registration for British Citizenship.

In theory and in a strict reading of the NHS rules, he can be asked to pay for NHS services and so on, but as far as I am aware, no one has been asked to do that.

[cafe99]

It does NOT matter. A UK born child is entitled to register as British and won't be considered an overstayer.

Thank you very much i got this important point now