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Baby born in UK visa question
Posted: Thu Sep 17, 2020 12:41 am
by HBBB
Hi Everyone
My wife and son are my dependents as Tier2(general) we have been here for near 6years. My wife and I are waiting for our ILR decision. My son was born here 2 years ago and he has T2 dependent visa that runs out in dec 2020.
We didn’t include him in ILR application on the hope that we would be granted before Dec and apply for British nationality for him directly because he was born here. My questions are:
1- is it legal he stays in Uk after DEC 2020 while he has not applied for any visa extension? (Is it still an option that babies born in UK can apply for British Nationality when their parents are granted ILR?)
2- will there be any issues if apply for British nationality for him when get out ILR and while his current visa has expired?
3- any other way to save some money during this pandemic? A cheaper way of extending his visa until he is eligible for British nationality?
Many Thanks in Advance
Re: Baby born in UK visa question
Posted: Thu Sep 17, 2020 1:14 am
by vinny
BC for UK born child with limited UK visa
Posted: Mon Nov 23, 2020 4:31 am
by HBBB
Hi All
My wife and I are just got our ILR and our UK born son has become eligible for BC. I didn’t include him as my dependent in ILR application so his current dependent visa will expire on 20 Dec 2020. ( just like mine before ILR)
If I apply on his behalf for BC, it will take longer than end of his current visa to get an answer. Is his residence in UK legal while we are waiting for an answer? He is 2years old now.
Many Thanks in advance.
Re: BC for UK born child with limited UK visa
Posted: Mon Nov 23, 2020 5:00 am
by CR001
A UK born child doesn't need a valid visa to be able to register as British. They have an entitlement to register once either parent is granted ilr.
There is no issue.
Edit : topics merged. You were already advised of this in September when you asked with links provided by vinny!.
Re: BC for UK born child with limited UK visa
Posted: Mon Nov 23, 2020 11:23 am
by HBBB
Thanks
Re: BC for UK born child with limited UK visa
Posted: Mon Nov 23, 2020 11:24 am
by HBBB
CR001 wrote: ↑Mon Nov 23, 2020 5:00 am
A UK born child doesn't need a valid visa to be able to register as British. They have an entitlement to register once either parent is granted ilr.
There is no issue.
Edit : topics merged. You were already advised of this in September when you asked with links provided by vinny!.
Many Thanks. Yes, then I had a lot of time but know it’s only few weeks. I had following question that nobody replied later in that thread.
My son is not allowed to leave/enter the country between the time that his current visa expires and when he receives a BC answer. Is this correct?
Also the FM mentioned he might be considered over stayer if we do this.
Thanks
Re: BC for UK born child with limited UK visa
Posted: Mon Nov 23, 2020 5:15 pm
by CULLINAN
The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Re: BC for UK born child with limited UK visa
Posted: Tue Nov 24, 2020 11:36 pm
by HBBB
CULLINAN wrote: ↑Mon Nov 23, 2020 5:15 pm
The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Thank you very much. Finally I understand it. Is that mean I can apply for BC even after his current visa expires?
Re: BC for UK born child with limited UK visa
Posted: Wed Nov 25, 2020 12:14 am
by CULLINAN
HBBB wrote: ↑Tue Nov 24, 2020 11:36 pm
CULLINAN wrote: ↑Mon Nov 23, 2020 5:15 pm
The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Thank you very much. Finally I understand it. Is that mean I can apply for BC even after his current visa expires?
Yes.
Re: BC for UK born child with limited UK visa
Posted: Mon Nov 30, 2020 3:17 am
by HBBB
CULLINAN wrote: ↑Wed Nov 25, 2020 12:14 am
HBBB wrote: ↑Tue Nov 24, 2020 11:36 pm
CULLINAN wrote: ↑Mon Nov 23, 2020 5:15 pm
The UK born son’s overstay will have no impact on his entitlement to be registered as BC. Obviously, he will not be able to travel till then plus the free NHS care maybe impacted till then.
Thank you very much. Finally I understand it. Is that mean I can apply for BC even after his current visa expires?
Yes.
Do you by any chance know any health insurance that will cover nhs costs?
Re: BC for UK born child with limited UK visa
Posted: Tue Dec 22, 2020 1:36 am
by HBBB
Hi Everyone
I have a coupe of questions about my son’s application. Everything is ready and I’m awaiting to be able to book an appointment for biometrics.
1- I made the payment today that is 1 day before his current visa expires. Is his presence in UK legal until he gets a decision? (He is 2.5years old born in UK)
2- for my ILR application (T2(G) route) I was offered to use IDV app. He had a brp. Do I still need to book a physical appointment?
3- one of referee declarations from a dentist was sent to me digitally. I.e. scanned document. Do I need to ask her to post the original and take to any physical appointment that I could book?
I would appreciate if anyone help me with a health insurance if he is not covered.
As always, Many Thanks in advance.
Re: BC for UK born child with limited UK visa
Posted: Tue Dec 22, 2020 8:18 am
by CR001
1. No. You are not making an immigration application that triggers section 3C protection. MN1 is under nationality laws. A UK born child has an entitlement to register and does not need a valid visa to do so. It does not however make the child's stay legal by applying for MN1.
2. You have to book an appointment with UKCVAS.