Immigrationboards.com

Hi,
My 7 years old son’s British nationality application is in process. Currently he has leave to remain. If his leave to remain expires while nationality application is still in process, will his current leave to remain count as continue until we get any decision for citizenship application?
Thanks.

I assume you refer to Indefinite Leave to Remain (ILR)?
Note that ILR doesn't expire (only the BRP card expires) - it's "indefinite"!
So no issue.

No, it’s not iLR
My son was born here.

Your son may overstay if his leave expires. While it may be irrelevant to his entitlement to register, they may charge him for some NHS services.

vinny wrote: ↑

Sat Oct 09, 2021 5:01 am

Your son may overstay if his leave expires. While it may be irrelevant to his entitlement to register, they may charge him for some NHS services.

Sorry i didn’t understand it clearly.
Will he be counted as overstayer?

Yes, when his visa expires he is an overstayer. It won't affect a uk born child's entitlement to register as British though.

Do click the links Vinny has provided (blue underlined words).

Thanks

CR001 wrote: ↑

Sat Oct 09, 2021 8:58 am

Yes, when his visa expires he is an overstayer. It won't affect a uk born child's entitlement to register as British though.

Do click the links Vinny has provided (blue underlined words).

CR001 wrote: ↑

Sat Oct 09, 2021 8:58 am

Yes, when his visa expires he is an overstayer. It won't affect a uk born child's entitlement to register as British though.

Do click the links Vinny has provided (blue underlined words).

So should we apply to extend his leave to remain application to prevent overstaying while citizenship application is also in process? Or should not apply any extension application?

Your choice.

vinny wrote: ↑

Sat Oct 09, 2021 11:36 am

Your choice.

If we do apply for extension, will citizenship application remain in process as well or will it be automatically considered as withdrawn?

citizenship has nothing to do with an immigration visa extension application.

They are two completely separate rules and processes.

Thanks

A UK Born child does NOT require a valid visa to apply or qualify for citizenship.

Actually my child is disabled and is register with disability living allowance Departement because of his special needs. If his leave to remain expires will his DLA also stopped?
And how long normally it takes for citizenship applications for children? I applied his nationality in end of august and his current leave will expire in end of January.

Cannot comment on the benefits.

Citizenship applications can take up to 6 months, sometimes longer.

Thanks