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Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 3:24 pm
by Yang126
Hi,

I have received my ILR (5-year Tier 2) today, and my child was born in the UK. I am planning to apply for citizenship for her, as her current Tier 2 dependant visa will expire on 13th October.
Does anyone knows that whether submitting the citizenship application before her visa expiration date allows her to remain legally in the UK while we await a decision on her application?

Thank you in advance for your advice
Yang

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 3:29 pm
by CR001
Does anyone knows that whether submitting the citizenship application before her visa expiration date allows her to remain legally in the UK while we await a decision on her application?
No it does not. Citizenship is NOT an immigration application. Once her visa expires, she becomes an overstayer but this has NO impact on her entitlement to register as British as she is UK born.

Free NHS use won't be permitted so plan accordingly.

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 3:35 pm
by Yang126
CR001 wrote:
Fri Sep 13, 2024 3:29 pm
Does anyone knows that whether submitting the citizenship application before her visa expiration date allows her to remain legally in the UK while we await a decision on her application?
No it does not. Citizenship is NOT an immigration application. Once her visa expires, she becomes an overstayer but this has NO impact on her entitlement to register as British as she is UK born.

Free NHS use won't be permitted so plan accordingly.
Thank you for the reply. Does that mean we'd better to extend her visa firstly? I am worried that she will not eligible to go to school.

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 4:03 pm
by CR001
She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 7:54 pm
by CR001
Do NOT delete your posts!!!
Non English text removed by moderator

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**Subject: Inquiry Regarding Potential Impact of Unsuccessful Citizenship Application**

Dear [Recipient's Name],

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?
It is HIGHLY unlikely that the application will be unsuccessful. A UK born child has an entitlement to register as British!!

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 7:55 pm
by Yang126
CR001 wrote:
Fri Sep 13, 2024 4:03 pm
She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.
Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 7:58 pm
by CR001
CR001 wrote:
Fri Sep 13, 2024 7:54 pm
Do NOT delete your posts!!!
Non English text removed by moderator

---

**Subject: Inquiry Regarding Potential Impact of Unsuccessful Citizenship Application**

Dear [Recipient's Name],

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?
It is HIGHLY unlikely that the application will be unsuccessful. A UK born child has an entitlement to register as British!!
Yang126 wrote:
Fri Sep 13, 2024 7:55 pm
CR001 wrote:
Fri Sep 13, 2024 4:03 pm
She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.
Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Fri Sep 13, 2024 8:09 pm
by Yang126
CR001 wrote:
Fri Sep 13, 2024 7:58 pm
CR001 wrote:
Fri Sep 13, 2024 7:54 pm
Do NOT delete your posts!!!
Non English text removed by moderator

---

**Subject: Inquiry Regarding Potential Impact of Unsuccessful Citizenship Application**

Dear [Recipient's Name],

Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?
It is HIGHLY unlikely that the application will be unsuccessful. A UK born child has an entitlement to register as British!!
Yang126 wrote:
Fri Sep 13, 2024 7:55 pm
CR001 wrote:
Fri Sep 13, 2024 4:03 pm
She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.
Thank you for your reply.
If her application were to be unsuccessful, would the period of overstaying during the waiting time affect her ability to apply for another visa in the UK in the future?
Thank you for the reply. It’s very helpful!👍

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Mon Sep 16, 2024 7:23 pm
by Yang126
CR001 wrote:
Fri Sep 13, 2024 4:03 pm
She will be fine for schooling.

No need to extend her visa, just plan accordingly for medical insurance etc.
The school contacted us that they will need some formal evidence of my daughter’s right to live and study in the UK whilst her application is being processed. They said the Home Office may issue an interim letter. Will we get this after we submit the application for the citizenship?

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Tue Sep 17, 2024 6:59 am
by contorted_svy
citizenship applications are not immigration applications - if child's visa expires section 3c doesn't apply, so she won't have a valid immigration status.

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Tue Sep 17, 2024 9:50 am
by Yang126
contorted_svy wrote:
Tue Sep 17, 2024 6:59 am
citizenship applications are not immigration applications - if child's visa expires section 3c doesn't apply, so she won't have a valid immigration status.
So we have to extend her visa firstly to let her go to school and then register her the citizenship?

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Tue Sep 17, 2024 10:02 am
by contorted_svy
That I know, children have a right to go to school regardless of their visa status. This is something you have to resolve with your child's school.

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Tue Sep 17, 2024 10:09 am
by Ticktack
Yang126 wrote:
Tue Sep 17, 2024 9:50 am
contorted_svy wrote:
Tue Sep 17, 2024 6:59 am
citizenship applications are not immigration applications - if child's visa expires section 3c doesn't apply, so she won't have a valid immigration status.
So we have to extend her visa firstly to let her go to school and then register her the citizenship?
The school does not need to know the immigration status or nationality of a child. As child was born in the UK, show them the birth certificate of the child. That should halt all questions.

Re: Clarification on Child's Visa Status During Citizenship Application

Posted: Tue Sep 17, 2024 3:00 pm
by Yang126
Thank you all for the advice! I really appreciated. I will talk to the school.