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ILR for Child born outside UK, tier 2 dependent or other?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Jellymiko
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ILR for Child born outside UK, tier 2 dependent or other?

Post by Jellymiko » Mon Jun 05, 2023 10:11 pm

My child was born outside UK. My husband came to UK with Tier 2 working visa, and myself and child on dependent visa.
My husband is now neutralised and becomes UK Citizen. I got my ILR in 2021. My Child visa/BRP expired in Aug 2022 and due to sickness and other reasons, we now want to apply for ILR for my child.
My question is:
  • Can I apply for citizenship for my child directly now one parent is citizen and the other settled?
    If my child has to get ILR before citizenship, do I apply for her under the same route of Tier 2 dependent visa as I did in 2021? Or I can apply through Set (F) ?
    Can I provide my income proof bank details as financial support rather than my my husband 's as he is currently outside UK and has no income in UK. Do we need him to be in UK for the application?
    Any chance we got rejection due to expiration of my child visa at the moment? Should we renew her visa first before applying for ILR (or Citizenship)?
Many thanks!

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zimba
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Re: ILR for Child born outside UK, tier 2 dependent or other?

Post by zimba » Tue Jun 06, 2023 12:04 am

Your child has been overstaying for close to a year. Your child is expected to have ILR before applying to be registered.
How old is the child? This could negatively affect the child's registration for British citizenship.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Jellymiko
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Re: ILR for Child born outside UK, tier 2 dependent or other?

Post by Jellymiko » Tue Jun 06, 2023 9:44 am

Thank you. My child is 8. When you say my child is expected to have ILR before registered, registered means citizenship?

meself2
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Re: ILR for Child born outside UK, tier 2 dependent or other?

Post by meself2 » Tue Jun 06, 2023 9:55 am

Jellymiko wrote:
Tue Jun 06, 2023 9:44 am
Thank you. My child is 8. When you say my child is expected to have ILR before registered, registered means citizenship?
Yes, as children are registered instead of being naturalized.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Jellymiko
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Re: ILR for Child born outside UK, tier 2 dependent or other?

Post by Jellymiko » Tue Jun 06, 2023 10:06 am

Thank you for the explanation. The delay is due to my husband being outside UK and couldn’t come back due to travel control in Covid and I had a major surgery. Then my hong kong passport expired and just got it back last week.

So now should I apply for ILR for my child snd explain for the delay or a type of visa for her? I am really concerned now about the situation.

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Ticktack
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Re: ILR for Child born outside UK, tier 2 dependent or other?

Post by Ticktack » Tue Jun 06, 2023 1:37 pm

Jellymiko wrote:
Tue Jun 06, 2023 10:06 am
Thank you for the explanation. The delay is due to my husband being outside UK and couldn’t come back due to travel control in Covid and I had a major surgery. Then my hong kong passport expired and just got it back last week.

So now should I apply for ILR for my child snd explain for the delay or a type of visa for her? I am really concerned now about the situation.
When you got your ILR in 2021, why didn't you apply for your child at the same time. Your husband being out of the country in my opinion has nothing to do with making an in time application.

FYI, COVID was almost non-existent last year. people had started travelling without a covid pass. Not sure how you plan to spin that yarn.
No sin in failing, you just have to try and try again!

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zimba
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Re: ILR for Child born outside UK, tier 2 dependent or other?

Post by zimba » Tue Jun 06, 2023 2:41 pm

Jellymiko wrote:
Tue Jun 06, 2023 10:06 am
Thank you for the explanation. The delay is due to my husband being outside UK and couldn’t come back due to travel control in Covid and I had a major surgery. Then my hong kong passport expired and just got it back last week.

So now should I apply for ILR for my child snd explain for the delay or a type of visa for her? I am really concerned now about the situation.
Use SET(O) to apply for ILR as both parents are settled so the child should qualify for ILR. Then you apply to register the child as British using form MN1
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Jellymiko
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Hong Kong

Re: ILR for Child born outside UK, tier 2 dependent or other?

Post by Jellymiko » Tue Jun 06, 2023 3:22 pm

Thank you all for the reply

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