ILR and UK born child

[etunarli]

UK-born child overstaying has no effect on her entitlement to British citizenship

Hello,

I might be repeating a question but would you be able to share where this point is mentioned in the rules?

We are in a similar situation. I have submitted an ILR application for me and my dependant wife on 20th September 2023 on Tier 2/Skilled Worker route and paid for a premium appointment that took place on 22nd September 2023. We have a dependant child born in the UK in 2021 and current visas all three of us have expires on 21st October 2023.

I have not included our daughter in the ILR application and selected the priority route for me and my wife so that I can make sure we get the outcome before her visa expires and I can make a citizenship application directly for her. Yesterday I received an update from Home Office saying our application is complex and will take longer but with no indication about when we will get the result.

My concern is now that if my daughter's visa expires before we get our ILR application approved, she will become an overstayer and that will cause issues in her citizenship application. That is why your comment above is important for me. Should I make an ILR application for her before her visa expires if we do not get the outcome of our application by then, or does it really not matter if she becomes an overstayer?

I could not find the relevant information in the rules myself that is why I was wondering if you can share where this condition is covered.

Apologies to the OP and thanks for your time in advance.

[zimba]

UK-born children have an entitlement to register as British when one parent settles. Overstaying has no effect.

[etunarli]

UK-born children have an entitlement to register as British when one parent settles. Overstaying has no effect.

Apologies for being picky but I am asking because I am really concerned about this. Where in the Immigration Rules or any other government guidance is this situation covered?

[zimba]

UK-born children have an entitlement to register as British when one parent settles. Overstaying has no effect.

Apologies for being picky but I am asking because I am really concerned about this. Where in the Immigration Rules or any other government guidance is this situation covered?

This has nothing to do with the immigration rules. This is covered under the nationality law.

Guide: https://assets.publishing.service.gov.u ... __003_.pdf

[Ticktack]

UK-born children have an entitlement to register as British when one parent settles. Overstaying has no effect.

Apologies for being picky but I am asking because I am really concerned about this. Where in the Immigration Rules or any other government guidance is this situation covered?

Look at it this way. Your child was born in the UK, you probably didn't get a passport of apply for any immigration pathway for that child the very next day.

Would you say the child entered the UK illegally? Would you say that the child is residing in the UK illegally?
If your baby isn't a British citizen (when born in the UK), they can remain in the UK without making an immigration application.

Some kids born in the UK really don't have any immigration ID. The only problem is leaving the UK, as they might not be able re-enter. But they aren't here illegally. As technically, they never really "entered".

[etunarli]

UK-born children have an entitlement to register as British when one parent settles. Overstaying has no effect.

Apologies for being picky but I am asking because I am really concerned about this. Where in the Immigration Rules or any other government guidance is this situation covered?

Look at it this way. Your child was born in the UK, you probably didn't get a passport of apply for any immigration pathway for that child the very next day.

Would you say the child entered the UK illegally? Would you say that the child is residing in the UK illegally?
If your baby isn't a British citizen (when born in the UK), they can remain in the UK without making an immigration application.

Some kids born in the UK really don't have any immigration ID. The only problem is leaving the UK, as they might not be able re-enter. But they aren't here illegally. As technically, they never really "entered".

Hey Ticktack,

That is a valid point and I totally agree with the opinion. I understand Zimba's point as well from the natonality perspective. It is just that since there is a visa on her name that will expire at a certain date, my concern is that a flag will be raised somewhere in the immigration system once her visa expires without any application in place and that might come back at us at some point in the future.

Maybe I am overthinking... I would be relieved if there was any mention about this somewhere in the government rules.

[CR001]

my concern is that a flag will be raised somewhere in the immigration system once her visa expires without any application in place and that might come back at us at some point in the future.

It won't!

Maybe I am overthinking...

You are, completely overthinking!

I would be relieved if there was any mention about this somewhere in the government rules.

It is impossible for the rules to list every conceivable scenario. You are being paranoid.

[vinny]

A UK born child is entitled to register for British citizenship directly after a parent has ILR. A child under 10 is not subject to the Good character requirement. Fortunately, when registering, they will not penalise a child under 18 for overstaying.

[etunarli]

Thank you all for taking time to answer me and your reassuring comments. I guess I need to be less paranoid about this

[etunarli]

my concern is that a flag will be raised somewhere in the immigration system once her visa expires without any application in place and that might come back at us at some point in the future.

It won't!

Maybe I am overthinking...

You are, completely overthinking!

I would be relieved if there was any mention about this somewhere in the government rules.

It is impossible for the rules to list every conceivable scenario. You are being paranoid.

Dear mods, may I ask how it could be possible for me to contact another forum member? Going through previous topics, I have found a forum member whose ILR applications details are very similar to ours and I would like to ask about their experience. The topics have seems to be locked at the moment so I cannot post there. I noticed his messages on another topics but I do not want to quote him there as it would be irrelevant. Can you advise me if there is any way I can try to get in touch with him?

Thanks

[zimba]

You are not allowed to send private messages to users as a new user. Note that the immigration system is NOT experience-based. It is about qualifying as per the rules or the law. Your situation is not unique or odd at all. Hundreds were given the same advice before. Your case is VERY common. The advice given to you above is strictly aligned with the nationality law

[etunarli]

You are not allowed to send private messages to users as a new user. Note that the immigration system is NOT experience-based. It is about qualifying as per the rules or the law. Your situation is not unique or odd at all. Hundreds were given the same advice before. Your case is VERY common. The advice given to you above is strictly aligned with the nationality law

Thanks for the reply. The part I wanted to ask this user is not about the point discussed above, it was about use of child benefit during the 5-year visa period. He previously had opened a topic about this but that topic is locked now so I cannot send a message to ask about his case. As far as I see from the existing messages, his family's case is quite similar to ours so I wanted to check what he presented in his ILR application. Because as far as I can see from his other posts, their application went through without any issues.

[zimba]

Old posts are auto-archived to avoid them being dug up which can create a moderation hell here. Again, your issues are not unique at all and we try our best to provide advice as per the rules and the case law. Ask all your queries here

[etunarli]

The simplest version of the question is:

Did anyone have any issues with their ILR application because of using a public fund they were eligible for?

2 years ago when our daughter was born in the UK, we received a child benefit claim form from the hospital. We have “no public funds” condition on our Tier-2 visa, so I checked the public funds guidance. I noticed that there was an exception in child benefit for people holding Turkish nationality, so we submitted the form and it was accepted. We started receiving the claim.

This summer, while getting prepared for the ILR application, I noticed that it says “you are not using public funds” in the family members section. We contacted the Child Benefit Office, they said we are eligible and it should be fine with the ILR application. I explained all this in a letter in the application, but U was wondering if there could be an issue about it since our application was marked as complex.

I wanted to check if there was someone else with a similar experience.

Thanks

[zimba]

Turkey has a reciprocal social security agreement with the UK but it does NOT cover Child Benefit. This seems to have changed in the last two years

https://assets.publishing.service.gov.u ... ds-v18.pdf

[etunarli]

Agree with the comment on the agreement but page 16 of the guidance you shared provides a link to the gov.uk website below:

https://www.gov.uk/child-benefit-move-to-uk

This webpage says if you are a Turkish national and work in the UK you can claim Child benefit.

As I mentioned above, I have contacted Child Benefit Office and they confirmed we are eligible. The point that I am curious about is whether you can have an issue with the ILR application even if you are using a public fund you are eligible for.

Thanks

[zimba]

The info on GOV.UK cannot be relied on as they may be out of date or inaccurate. You should also not rely on the Child Benefit Office's advice. The official guide on public funds I shared is the ONLY one you should refer to and the section on child benefits does not mention Turkey. ILR can be affected if you claim benefits you do not qualify for. Otherwise, it will not be an issue.

Turkish nationals could claim child benefits in the UK without any issues but that seems to have changed when the UK left the EU. I might be missing something but UK Trade and Continuity with Turkey is not concluded yet.

[vinny]

Turkey has a reciprocal social security agreement with the UK but it does NOT cover Child Benefit. This seems to have changed in the last two years

https://assets.publishing.service.gov.u ... ds-v18.pdf

Exception 2?

[zimba]

The guide just got updated it seems. This was missing when I answered the query above