Immigrationboards.com

Hi everyone,

I'm on Skilled worker visa (Tier 2) and will be applying for ILR in Oct,2024. My wife is on Skilled worker dependant and will apply to extend her visa (as she hasn't had 5years to live in the UK yet). We have a son 1.3years (born in the UK) who is also on dependant visa. All of our BRP expires on 17th Nov, 2024.

I believe for a child born in UK, I can directly apply for his registration as a citizen via form MN1 directly after my ILR.

In this case, hopefully I will get my ILR in Oct,2024 and I will process my son’s British citizenship registration in Oct 2024 after my ILR. But his current BRP will expire in 17th of Nov and he (born in the UK) will be staying in the UK without a valid visa until he gets the British citizenship registration certificate successfully.

Questions:
1. Is this considered as overstaying in the UK for my son? (Without a valid visa)
2. Can we avail any NHS services for my son during this period?
3. Can he travel outside the UK and return back without violating UK immigration law during this time?

Thank you in advance.

1. Is this considered as overstaying in the UK for my son? (Without a valid visa)

Yes, once his visa expires, he is an overstayer. This doesn't affect his citizenship application though.

2. Can we avail any NHS services for my son during this period?

Yes, but it will cost you 150% of the cost. No free NHS is the child has no visa. Get medical insurance.

3. Can he travel outside the UK and return back without violating UK immigration law during this time?

He can leave but won't be able to come back if he has no valid visa.

CR001 wrote: ↑

Sun Jun 09, 2024 4:58 pm

3. Can he travel outside the UK and return back without violating UK immigration law during this time?

He can leave but won't be able to come back if he has no valid visa.

To build on CR001's answer, if he leaves the UK, your son will need either a visa or a British passport to return to the UK.

As he is born in the UK, he is entitled to be registered as a British citizen once either parent has ILR. He can even be registered if he is abroad. However, note that a registration application from abroad will have practical issues (non-British referees can slow down the registration application), take longer, and a first British passport application for children can take significantly longer (six months to a year) if done from abroad.

So it is likely that your son will not be able to return for a year or more.