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Hi, I have submitted an ILR application for me and my dependant wife on 5th September 2024 on Skilled Worker route and paid for a premium appointment .We have a dependant child born in the UK in December 2022 and current visas all three of us have expire on 29th September 2023. I have not included our son in the ILR application and selected the priority route for me and my wife so that I can make sure we get the outcome before my son’s visa expires and I can make a citizenship application directly for him. Friday I received an update from Home Office saying we should mention them about what we will do about our son’s visa. We have emailed them that we will be applying for citizenship but…….

1) My concern is now that if my son’s visa expires before we get our ILR application approved, he will become an overstayer and that will cause issues in his citizenship application.

2) And other concern is even if we get our ILR before our current visas expire, and even if we apply for the citizenship for our son before his current visa expires, during his citizenship application processing time, he will not have a visa to be in the UK.

So what should we do now? Please advise as we don’t know what to do. Thanks

1. He becomes an overatayer anyway. Citizenship is not an immigration application so section 3c doesn't apply. Not having a visa has NO effect on his entitlement to register as British.

2. You surely are aware that a citizenship application can take up to 6 months, so he would always have the same issue. This does not affect his entitlement to register as British.

Free use of the NHS is the bigger issue as he won't have that once his visa expires. Plan accordingly and get medical insurance.

1-Does the NHS automatically and immediately know the child's BRP/visa has expired?

2-Is it illegal for the UK-born child to remain without paying the IHS until the parents get ILR? What if she prefers to pay for health care in case of illness?

3-Will this have any penalty for the child, or the parents, when they want to apply for citizenship?

Thanks

milimolo wrote: ↑

Wed Sep 25, 2024 3:32 pm

1-Does the NHS automatically and immediately know the child's BRP/visa has expired?

2-Is it illegal for the UK-born child to remain without paying the IHS until the parents get ILR? What if she prefers to pay for health care in case of illness?

3-Will this have any penalty for the child, or the parents, when they want to apply for citizenship?

Thanks

Please post your questions in your own topic you have. It is rude to hijack someone else's topic with your own questions.

milimolo wrote: ↑

Wed Sep 25, 2024 3:32 pm

1-Does the NHS automatically and immediately know the child's BRP/visa has expired?

2-Is it illegal for the UK-born child to remain without paying the IHS until the parents get ILR? What if she prefers to pay for health care in case of illness?

3-Will this have any penalty for the child, or the parents, when they want to apply for citizenship?

Thanks

The NHS will check your child's right to live in the UK and bill you accordingly if you should require medical care.

Not illegal for child to be without a visa - but need to arrange for private medical coverage.

No penalty on the child or parents.

Thank you