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URGENT HELP : IS ILR FOR DAUGHTER REQUIRED
Posted: Sat Mar 09, 2013 7:08 am
by akhilesh
I'm on a Tier 1 General - finished 5 years and now applying for my ILR next week. My spouse & daughter are dependents on my Visa.
I've heard that my daughter isn't required to apply for ILR since she would automically qualify for citizenship once I & my spouse receive ILR.
Is this true ?
If yes - then what would be the status on her visa when my Visa (Tier -1) is cancelled and we switch to ILR.
I want to be sure on this since this could be a big risk for saving a couple of hundred pounds.
Even the immigarion help line doesn't answer this question , so I would be very grateful if someone can help me since my application is supposed to be reviewed on Tuesday.
Posted: Sat Mar 09, 2013 7:37 am
by uksettlement
You don't have to apply for your daughter ILR only if she is uk born. If not then you would treat your daughters application similar to your wife's.
URGENT HELP: DO I NEED ILR FOR MY DAUGHTER
Posted: Sat Mar 09, 2013 7:47 am
by akhilesh
Many Thanks but my second question is : When my Tier 1 is cancelled and swtiched to ILR - what would be her visa status for the interim period since she wouldn't have citizenship or ILR status till i apply for her citizenship ?
Very gratful if you could respond to the same ?
Posted: Sat Mar 09, 2013 7:52 am
by vinny
If she currently has leave, then she will continue to have the same status until her leave expires.
URGENT HELP: DO I NEED ILR FOR MY DAUGHTER
Posted: Sat Mar 09, 2013 7:57 am
by akhilesh
But her leave to remain is dependent on my Tier 1 today which would be cancelled when we switch to ILR next week ?
And since I'm not applying for her ILR then she wouldn't have any status/right to remain in the UK - right ?
Your inputs please......
Posted: Sat Mar 09, 2013 8:06 am
by vinny
Dependants' leave to remain are not normally
curtailed. When will her leave expire?
Posted: Sat Mar 09, 2013 4:26 pm
by benneviss
I note that if child is born in UK he or she can apply for a BC as soon as parents get ILR.
But if child is not born in UK and living in UK more than 7 years then child has to apply for a ILR or can apply directly for a BC .
uksettlement wrote:You don't have to apply for your daughter ILR only if she is uk born. If not then you would treat your daughters application similar to your wife's.
Posted: Sat Mar 09, 2013 6:17 pm
by vinny
If neither parents were British at child's birth, then, unfortunately, for a child born outside the UK, British Citizenship is not an automatic right. It will be
Subject to discretion (
3(1)).