Immigrationboards.com

Hello,

I have applied for ILR along with my spouse. The biometrics appt date is 29th Jan 2024. Our current visa runs out on the 2nd of Feb 2024. We have not included our child - 3 years old - in the ILR application as we were hoping to apply directly for his citizenship after we get ILR.

In the current scenario we expect a decision on our ILR application slightly after 2nd Feb (using priority route) which is after the expiry date on our current visa. Thus, when our child applies to register for citizenship, his current permission to stay would have expired.

• Can anyone please advise if it is okay for him to apply to register as citizen from within the UK after his dependent visa expires?
  I am trying to understand if there are any risks in doing so. Some friends advised that he needs to have a valid permission to stay until his citizenship application is decided.
  If he does need a permission to stay while he awaits decision on citizenship- he will then need to apply for ILR but unfortunately that can now happen only after we get ILR as he was not included in the original application. Alternatively, we'll need to cancel current application and submit a new one inclusive of him for ILR. Is this understanding, correct?
  What is the best course of action for us here ? Can anyone please advice ?

UK born children don't need a visa. If your child's visa expires you will need to arrange private health insurance but otherwise no issue. Don't take advise from uninformed people.

contorted_svy wrote: ↑

Mon Jan 13, 2025 4:35 pm

UK born children don't need a visa. If your child's visa expires you will need to arrange private health insurance but otherwise no issue. Don't take advise from uninformed people.

Thank you for the quick response. Just to confirm do you think he would be at any risk of seen as overstaying that could have an impact on his citizenship application?

This doesn't apply to UK born children. They have an entitlement to registration when parents settle/apply for naturalisation. His visa status is irrelevant. This question gets asked routinely on the forum. Arrange for private healthcare and of course no travel allowed, but the lack of a visa won't mean your child is an overstayer.

contorted_svy wrote: ↑

Mon Jan 13, 2025 5:16 pm

This doesn't apply to UK born children. They have an entitlement to registration when parents settle/apply for naturalisation. His visa status is irrelevant. This question gets asked routinely on the forum. Arrange for private healthcare and of course no travel allowed, but the lack of a visa won't mean your child is an overstayer.

Thank you very much!