Child born to refugee family in UK

[hasanp]

Hi, I am a refugee with leave to remain in the UK. I recently had a child and need to apply for them to be granted the same leave as I have. I have been trying to get assistance by calling the Home Office helpline, but I haven’t received any response.

[zimba]

Do you already have ILR or limited leave to remain (under humanitarian protection route) in the UK ?
If you do not have ILR, then the child can apply under the family route: https://visas-immigration.service.gov.u ... ily-routes

[hasanp]

I already have leave to remain.

[CR001]

I already have leave to remain.

What leave to remain??

Refugee leave to remain valid for 5 years or INDEFINITE leave to remain, ie Permanent Residence.

When did you get it granted and when does it expire?

[hasanp]

it is refugee leave to remain. it expired in 2024 i applied for indefinite leave to remain but i have not got a decision yet. I have sent a complaint to the home office as i should of got one back by the 18th of Jan. However they said the complaint should take 2-3 weeks.

[zimba]

it is refugee leave to remain. it expired in 2024 i applied for indefinite leave to remain but i have not got a decision yet. I have sent a complaint to the home office as i should of got one back by the 18th of Jan. However they said the complaint should take 2-3 weeks.

When did your visa expire ? When did you apply for ILR ? Has it been at least 6 months since you applied for ILR that you complained ?
To get the proper advice, you need to provide all these dates and details.
Your child will not need a visa at all if you get ILR. A UK born child is entitled to be registered as British directly after at least one parent gets ILR

[hasanp]

refugee leave to remain expired in august i applied in july 2024 and i was supposed to get a reply by 18th of jan 2025. Also my daughter was born on June 2024 but i didn't get a birth certificate before i applied for my indefinite leave to remain. so does that mean once i get IRL my child can apply for a British passport? can you provide a link where it states that?

[CR001]

so does that mean once i get IRL my child can apply for a British passport?

No, because your child is NOT British. Only a British citizen can apply for a British Passport. Once you get ILR, you have to register the child as British on form MN1. This is not the same as registering the birth at the council registry office.

[hasanp]

What can I do in the mean time? Because my wifes father is not well and she needs to travel with my daughter. She doesn't have any documents.

[CR001]

Has your wife also applied for ILR?

[hasanp]

No she is on a spouse visa

[secret.simon]

As an aside, is your wife's father in the same country that you (and possibly your wife and daughter) are claiming refuge/asylum from?

Keep in mind that traveling there can impact refugee status, because you will have effectively proven that it is safe for you all to return.

[zimba]

No she is on a spouse visa

The child only later needs an entry clearance under the family route to return to the UK.

[zimba]

As an aside, is your wife's father in the same country that you (and possibly your wife and daughter) are claiming refuge/asylum from?

Keep in mind that traveling there can impact refugee status, because you will have effectively proven that it is safe for you all to return.

This is a very good point indeed. Big trouble to travel back if they all sought asylum in the UK as a family

[hasanp]

My wife is not from the country I seeked refuge from so is the best plan of action to wait for my indefinte leave to remain and then apply for my child via the mn1 form?

[zimba]

My wife is not from the country I seeked refuge from so is the best plan of action to wait for my indefinte leave to remain and then apply for my child via the mn1 form?

They can travel back without any issues in this case but the child needs to get a family entry clearance to return to the UK.
Applying to register the child as a British citizen via MN1 is possible the moment you are granted ILR

[hasanp]

I have an update I have been given permission to stay on the protection route and have not been granted indefinite leave to remain. I have permission to stay until 27 JUL 2027. What route can i take to get permission for my daughter now?

[zimba]

You already were given advice

Do you already have ILR or limited leave to remain (under humanitarian protection route) in the UK ?
If you do not have ILR, then the child can apply under the family route: https://visas-immigration.service.gov.u ... ily-routes

[hasanp]

Are you sure this is accurate because it is saying I have to pay a fee but I am a refugee.

[zimba]

As far as I know, only applying for asylum is free. Children can apply under the protection route in their own right but their protection needs have to be assessed.

See: https://www.gov.uk/government/publicati ... n-children

For non-protection route applications, you may first apply for a visa fee waiver to see if the child application qualifies: https://www.gov.uk/visa-fee-waiver-in-uk

[hasanp]

But as I am a refugee and still not settled would the child not fall under leave in line process but they don't have a address to send the application

[zimba]

The form I shared with you, says it applies in cases like yours. The form is called the 'family route' but the UKVI should issue an appropriate status in line with yours

You can apply to remain in the UK as the family member, partner or child of a:

•British citizen
•person settled (with indefinite leave to enter or remain) in the UK
•person with pre-settled status under the EUSS in the UK
•person who has refugee leave or humanitarian protection in the UK
•person who has leave as a Turkish ECAA worker or business person in the UK
•person who has permissions a stateless person in the UK

https://visas-immigration.service.gov.u ... ily-routes

[hasanp]

Just a update on this. i sent a email to the leave in line one i found on the internet and i got a reply of
'Good afternoon,
Your email contained a request for (DOB: , to be granted leave in line with. You will be aware --------- was granted Refugee leave which is due to expire on 27/07/2027
In order for us to consider your request for leave in line you will need to submit a Settlement Protection application on behalf of ----------------; further details on the application process and the Settlement Protection form can be found on the following website:

https://www.gov.uk/settlement-refuge...ian-protection


Kind Regards,
Asylum Flow, Children and Complex (AFCC)
Customer Services
Home Office
Level 0, The Capital Building
Liverpool
L3 9PP"

which the applicant filled out however got a refusal. which was stated like thisDear ----
Ref: 1212-0000-0000-0000

Thank you for your application for permission to stay in the UK.
Your application has been considered under Appendix Settlement Protection of the Immigration Rules. I am writing to tell you that your application is refused.

The eligibility assessment of your application has revealed that you do not meet the eligibility requirements of STP 9.1 a)
STP 9.1. The applicant must be the child of a person (P) where one of the following applies:
(a) P has refugee status or humanitarian protection and is, at the same time as the applicant, being granted settlement.

The person who is your sponsor/parent and holds refugee status was refused settlement.
Therefore your application for settlement protection has been refused.

Yours Sincerely,
AO Caseworker
LivSet14 | Visa, Status, and Information Services
Customer Services Group | UK Visas and Immigration
Level 4, Capital Building, Liverpool

they dont have a reply email would it be useful to complain to there complaints email?

[glas195]

Sorry to reroute the conversation. Did they specify why your settlement application was refused?

[zimba]

So you ignored the advice given above and instead applied for settlement (ILR) based on some incorrect advice you got over email.
Why settlement ??? As you are NOT settled, the child also cannot be granted settlement, which is what the refusal letter says.