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Legal Stay while Child Citizenship application in process
Posted: Sat Nov 27, 2021 10:53 am
by HariGS
Hi,
I am currently on ICT Work permit which is valid till end of Feb 2022 for my self and my 2 dependent (Wife and Son)
I have also applied for my ILR and the appointment is scheduled for 20th Dec. My Son was born in uk so would be eligible for citizenship after my ILR. I would be applying for my Son's citizenship application after i get my ILR. From what I have found, it takes anywhere between 2 and 6 months for processing. Its likely my Son's current visa will expire while his citizenship application is still under process. Can my son legally stay in UK during that time?
Regards,
Hari
Re: Legal Stay while Child Citizenship application in process
Posted: Sat Nov 27, 2021 11:51 am
by secret.simon
Citizenship applications do not extend legal stay, even if made before the expiry of valid leave to remain.
So, no, he will not be legally resident in the UK if his leave to remain expires while his registration application is being processed.
But even if your son is resident ilegally in the UK, it will not negatively impact his registration application.
Re: Legal Stay while Child Citizenship application in process
Posted: Sat Nov 27, 2021 2:01 pm
by HariGS
Thanks for clarifying it. So i should probably extend his visa before applying for his citizenship.
Given my ILR is approved i cant extend my son's ICT dependent visa, what visa category can i apply him under. Would that be Family visa or any other ILR dependent visa.
Hari
Re: Legal Stay while Child Citizenship application in process
Posted: Sat Nov 27, 2021 2:19 pm
by CR001
If you do not intend to travel, there is no reason to extend the child's visa. a UK born doesn't have to have a valid visa to register as British.
Re: Legal Stay while Child Citizenship application in process
Posted: Sat Nov 27, 2021 2:27 pm
by George111
CR001 wrote: ↑Sat Nov 27, 2021 2:19 pm
If you do not intend to travel, there is no reason to extend the child's visa. a UK born doesn't have to have a valid visa to register as British.
with one exception - access to NHS.
Re: Legal Stay while Child Citizenship application in process
Posted: Sat Nov 27, 2021 2:59 pm
by HariGS
Thanks all for your help. Appreciate it.
Re: Legal Stay while Child Citizenship application in process
Posted: Sat Nov 27, 2021 4:15 pm
by JB007
secret.simon wrote: ↑Sat Nov 27, 2021 11:51 am
Citizenship applications do not extend legal stay, even if made before the expiry of valid leave to remain.
So, no, he will not be legally resident in the UK if his leave to remain expires while his registration application is being processed.
But even if your son is resident ilegally in the UK, it will not negatively impact his registration application.
George111 wrote: ↑Sat Nov 27, 2021 2:27 pm
CR001 wrote: ↑Sat Nov 27, 2021 2:19 pm
If you do not intend to travel, there is no reason to extend the child's visa. a UK born doesn't have to have a valid visa to register as British.
with one exception - access to NHS.
You might want to take insurance out for your son to recover any money you have to pay for any NHS treatment.
5.8 An individual who pays the health surcharge is only entitled to free treatment on the same basis as an ordinary resident (but excluding assisted conception services) once their application for a visa has been granted, and not from the date when the health surcharge is paid. The exemption from charges for relevant services applies to the period of leave to enter or remain in the UK granted to the person. Once that leave expires or is curtailed, the person becomes liable for charges from then on, including where the person is part-way through a course of treatment unless an exemption in the charging regulations applies.
Page 38 and 39.
https://assets.publishing.service.gov.u ... ations.pdf