Page 1 of 1

Impact of delay in ILR on child status

Posted: Thu Dec 28, 2023 3:39 pm
by siddzy
Dear Members.

My situation is that I have applied for ILR on Dec but am waiting on a decision. In the meantime, my Tier-2 General Visa exprires in Jan. My child (3) is dependent on me and is in the country.
If my ILR is not confirmed before expiry of my T2G visa,
1. Does it impact the immigration status of my child
2. Will it impact my child'd MN1 application or future visa applications.

I would much appreciate a response to this query as you can imagine it is a stressful wait for ILR and some clarity will help.


Thanks
S

Re: Impact of delay in ILR on child status

Posted: Thu Dec 28, 2023 3:54 pm
by meself2
Where was the child born?

Re: Impact of delay in ILR on child status

Posted: Thu Dec 28, 2023 4:07 pm
by secret.simon
If the child is born outside the UK, the child needs to apply for and be granted ILR as well, in order to register as a British citizen.

So you should apply for ILR for the child in line with your application.

Your ILR application will extend your leave to remain automatically, but it will not extend your child's leave to remain

Re: Impact of delay in ILR on child status

Posted: Thu Dec 28, 2023 4:08 pm
by meself2
secret.simon wrote:
Thu Dec 28, 2023 4:07 pm
So you should apply for ILR for the child in line with your application.
But what if other parent is on a dependent visa as well?

Re: Impact of delay in ILR on child status

Posted: Thu Dec 28, 2023 4:31 pm
by secret.simon
meself2 wrote:
Thu Dec 28, 2023 4:08 pm
But what if other parent is on a dependent visa as well?
That is a good catch.

To the OP, the child should extend their visa in line with the second/less-privileged parent.

So if the child was born outside the UK and your spouse is on a dependent visa, the child should extend their dependent visa.

If the child was born outside the UK and you have sole responsibility for the child or your spouse already has ILR, the child should apply for ILR.

If the child was born in the UK, they do not need a visa extension, but should not travel outside the UK until they have a registration certificate and a British passport. And ideally also have private health insurance.