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Will my UK born child be subject to overstay?
Posted: Mon Apr 07, 2014 1:07 pm
by usman81
Dear Readers, please help on this.
I recently got my ILR based upon Tier 1(g) and for wife who was dependant to me. My daughter was born in UK and had her Tier 1(g) dependant visa stamped in 2012, which is expiring in may this year.
I didn't apply for her ILR. Now wondering if I will have to apply for her naturalization before her dependant visa expires next month? If i don't, will she be considered "overstayed" once her dependant visa expires?
I will appreciate kind feedback.
KR
Thanks
Re: Will my UK born child be subject to overstay?
Posted: Mon Apr 07, 2014 1:11 pm
by vinny
Re: Will my UK born child be subject to overstay?
Posted: Mon Apr 07, 2014 2:56 pm
by Amber
A child is registered as British, not naturalised. A child registering under section 1(3) BNA does not require valid leave.
Re: Will my UK born child be subject to overstay?
Posted: Mon Apr 07, 2014 3:07 pm
by sidss
Hi,
As your daughter is born in UK she never needed the visa in the first place. Visa was only needed if she was going to leave UK and want to enter again.
So she will not be stated as over stayer.
Re: Will my UK born child be subject to overstay?
Posted: Mon Apr 07, 2014 3:09 pm
by usman81
Amber_ wrote:A child is registered as British, not naturalised. A child registering under section 1(3) BNA does not require valid leave.
Thank you both Moderators.
Amber, my child was born when my status was Tier 1(g) not ILR. So not sure if i could skip step "naturalization" unless she was born after I had received the ILR. I didn't apply for her ILR along with mine and her dependant visa is running out next month. So, not sure when to apply for naturalization for the kid. If I apply after dependant visa runs out will she be overstayed and any impact on naturalization?
Re: Will my UK born child be subject to overstay?
Posted: Mon Apr 07, 2014 4:57 pm
by Amber
Again you do not naturalise a minor child, the child would be registered. A child under section 1(3) in such circumstance as you outline is entitled to do so regardless of his/her leave. However, Vinny is correct, as the child has leave, once such leave expires, the child would be an overstayer. However, this would have no bearing on their registration as British. Valid leave would only be required if the child wished to travel, until such time as the child has a British Passport or CoE.