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ILR for child born outside the UK

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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John3293
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ILR for child born outside the UK

Post by John3293 » Fri Oct 18, 2024 2:44 am

Hi experts,

Trust you're doing well.

Extending my special gratitude to Zimba and Vinny for their exemplary advise throughout our journey to ILR.

Now it's time for our daughter's ILR.

She was born in India when my wife was on ILR through Skiller Worker route and I were holding a PBS Dependant Visa. To bring her to the UK, we applied and got granted with a Health care Worker PBS Child Dependent visa (expiring on 11 Jul 2025, in line with my previous visa).

I were granted ILR last week. I did not add my child to the application as I weren't confident that my application could be successful as I was seeking discretion to grant exception for staying outside of the UK for more than 180 days.

My wife is still on ILR and is adamant that she don't want to go for naturalisation although she is eligible since last year! Our ultimate aim is to get our daughter British Citizenship.

Now I've applied for ILR for my child. Is this in order?

Or is there a way to apply for naturalisation directly for her instead of ILR?

secret.simon
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Re: ILR for child born outside the UK

Post by secret.simon » Fri Oct 18, 2024 3:56 am

John3293 wrote:
Fri Oct 18, 2024 2:44 am
I've applied for ILR for my child. Is this in order?
Perfectly in order.
John3293 wrote:
Fri Oct 18, 2024 2:44 am
Or is there a way to apply for naturalisation directly for her instead of ILR?
Assuming that she is under the age of 18, she can apply to register as a British citizen after either

(a) being granted ILR herself AND at least one parent is applying to become or has become a British citizen already AND the other parent has ILR, or,

(b) completing 10 continuous years living in the UK.

If she is over the age of 18, she will need to meet all the requirements of adult naturalisation, including ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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zimba
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Re: ILR for child born outside the UK

Post by zimba » Fri Oct 18, 2024 1:34 pm

It would have been easier if the child was included in your ILR application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

John3293
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Re: ILR for child born outside the UK

Post by John3293 » Fri Oct 18, 2024 1:58 pm

zimba wrote:
Fri Oct 18, 2024 1:34 pm
It would have been easier if the child was included in your ILR application
Hi Zimba, yes I should have included her. But I wasn't sure that the evidences I give them be accepted. Even I felt my application itself is a gamble. Glad it worked.

Probably a very silly question from me. Now my daughters biometrics is due, just checking if I should take her along (because her biometrics were given a year ago when we applied her child dependent visa) or just me attend it?

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CR001
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Re: ILR for child born outside the UK

Post by CR001 » Fri Oct 18, 2024 2:03 pm

Your daughter needs to attend and enrol biometrics!! It is HER application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

John3293
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Re: ILR for child born outside the UK

Post by John3293 » Fri Oct 18, 2024 2:37 pm

CR001 wrote:
Fri Oct 18, 2024 2:03 pm
Your daughter needs to attend and enrol biometrics!! It is HER application.
Ah, my bad.. Thanks for correcting :)

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