Immigrationboards.com

cheerfulsparrow1 wrote: ↑

Fri Feb 03, 2023 10:44 pm

I am eligible to apply to ILR so I have applied for me and my wife however I didn't apply for my UK-born child (now 3 years old) as she will be eligible for registration as a citizen once I get the ILR. her BRP is nearing expiry so do I need to extend her BRP while awaiting my ILR decision? or should I apply for an ILR for the child as well? to avoid her overstaying her visa.

PS. I don't think ill have my ILR decision before her BRP expiry date

many thanks for your advice.

Ticktack wrote: ↑

Fri Feb 03, 2023 11:09 pm

cheerfulsparrow1 wrote: ↑

Fri Feb 03, 2023 10:44 pm

I am eligible to apply to ILR so I have applied for me and my wife however I didn't apply for my UK-born child (now 3 years old) as she will be eligible for registration as a citizen once I get the ILR. her BRP is nearing expiry so do I need to extend her BRP while awaiting my ILR decision? or should I apply for an ILR for the child as well? to avoid her overstaying her visa.

PS. I don't think ill have my ILR decision before her BRP expiry date

many thanks for your advice.

Children born in the UK can't overstay or stay illegally. Neither do they need ILR before registration for British Citizenship.

The only problem you might have is the NHS, so try and get some medical insurance to cover your child during the gap.

FYI, child can't leave the UK as well. It would be a pain trying to get back.

This section relates to children born in the United Kingdom on or after 1 January
1983 who are not British citizens because, at the time of their birth, neither of
their parents was a British citizen or settled here. Such children do not have the
right of abode and are subject to immigration control. They are not here
unlawfully, however, and are not required to apply for leave to remain (see
ANNEX P, paragraph 11 if further guidance is required on this point).
Paragraphs 305 to 308 of HC 395 make provision for such children, or their
parents on their behalf, to apply for their position to be regularised by the
granting of leave to remain or, if they leave the United Kingdom and
subsequently return, leave to enter. In addition, if a child who was born in the
United Kingdom but is subject to control qualifies for leave to enter or remain
under any other part of the Rules, he may be given leave in accordance with the
provisions of that other part.

[/If you lived in the UK until you were 10
If you lived in the UK until you were 10 you might automatically be a British citizen. This can depend on if your parents were British citizens or ‘settled’ in the UK when you were born.

‘Settled’ means you are living in the UK without any time restrictions. This includes people who have one of the following:

‘indefinite leave to remain’
‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)
permanent residence status
‘right of abode’
If you’re not automatically a British citizen, you might be able to register to become one.

The difference in the case referenced is that the mother pretty much pressed on pause button and decided to press play again. Allowing a leave to expire and deciding to apply for another leave to help with travelling out and back in the UK would defo mess things up.
If that was the case, then the trouble that comes with it is unmeasurable.

When assessing a child’s good character, it will normally be appropriate to disregard
immigration breaches if it is accepted this was outside of their control. For example,
where a parent applied for the child to come to the UK as their dependant but failed
to apply for an extension of leave when the child’s temporary leave expired, the child
should not be penalised.