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Need advise to apply ILR for Child - Previous BRP expired

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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Gane
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Joined: Mon Feb 24, 2025 12:09 am
India

Need advise to apply ILR for Child - Previous BRP expired

Post by Gane » Mon Feb 24, 2025 12:17 am

Dear Immigration Experts,

I am a British citizen through 5 years route on Tier2 General (and obtained citizenship in the year 2021) and my partner recently obtained ILR (during Dec 2024). We have a 7-year-old daughter and she first entered into the UK on June 2018 and staying with us since then.

Before end of her previous Tier 2 dependent visa (Dec 2024) I had applied directly for MN1 (British citizenship registration) for my daughter, as one of my friends misguided and finally ended up with refusal decision from UKVI for MN1 and received a response from them on 10th Feb 2025 asking to reapply for right Visa for her stay.

Now my daughter has an expired PBS dependent child visa (expired on 31 Dec 2024) but I am planning to apply for ILR using the application Set (F).

Please kindly advise my queries below:
1. Is she eligible for applying ILR as one parent was British and other holding ILR currently.
2. Is that ok if I apply for ILR with her expired previous BRP (got expired on Dec 2024) as her previous visa MN1 application refused.
3. Please confirm the application form type - Set(O) or Set (F) for applying ILR.
4. What is the possible application processing time for child ILR.

I would much appreciate if any expert advice promptly.

Kr,
Gane

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zimba
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Re: Need advise to apply ILR for Child - Previous BRP expired

Post by zimba » Mon Feb 24, 2025 1:40 am

Non-UK born children have no automatic entitlement to British citizenship when a parent settles. So the child should have settled with your spouse. Apply using SET(F) now. The fact that the child does not have a visa is not an issue. For standard service, you should get a decision between 8 weeks to 6 months
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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