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Overstay for a child born in United Kingdom.

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Danzky
Newly Registered
Posts: 2
Joined: Wed Mar 19, 2025 1:49 pm
England

Overstay for a child born in United Kingdom.

Post by Danzky » Wed Mar 19, 2025 2:08 pm

If a child born in the uk to a parent on health and care visa does not renew his dependent visa before expiration, is this considered an overstay if both parents visas are still valid. If Yes, how does he regularise his visa application if it has exceeded the grace period for applying. His parents visa are still valid and the child is just under four (4) years of age

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Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Overstay for a child born in United Kingdom.

Post by Frontier Mole » Thu Mar 20, 2025 5:11 pm

just to be clear the parents renewed their visa's but did not include the child?

Danzky
Newly Registered
Posts: 2
Joined: Wed Mar 19, 2025 1:49 pm
England

Re: Overstay for a child born in United Kingdom.

Post by Danzky » Sun Mar 23, 2025 6:11 am

Yes.

secret.simon
Moderator
Posts: 11369
Joined: Thu Feb 21, 2013 9:29 pm

Re: Overstay for a child born in United Kingdom.

Post by secret.simon » Mon Mar 24, 2025 5:37 am

Danzky wrote:
Wed Mar 19, 2025 2:08 pm
is this considered an overstay if both parents visas are still valid
Yes, it is considered an overstay.

The child will not be eligible for free NHS support for a start (any treatment outside emergency care may be charged at 150% of cost) and you may want to take out private medical insurance to cover such treatment.

And of course, if they leave the UK, they can't reenter without a visa (the child needs a visa to return to the UK. It doesn't get an automatic right to return with both parents).
Frontier Mole wrote:
Thu Mar 20, 2025 5:11 pm
just to be clear the parents renewed their visa's but did not include the child?
Danzky wrote:
Sun Mar 23, 2025 6:11 am
Yes.
if the parents renewed their visas after the birth of the child, there is a question in the application about whether there are any dependents that have not been included in the application. How did you respond to that question in your application for renewal?
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.

razergd1
Member
Posts: 227
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Overstay for a child born in United Kingdom.

Post by razergd1 » Wed Mar 26, 2025 11:58 am

If the child had a leave and it's now expired the child is an overstayer like any other migrant.
There are no special rules for non-british children born on the UK in this regard.
The only rule as that there is no legal timeframe to obtain the first visa (NHS eligibility expire after 3 months) and registration is easier.

Note that the child may get a removal order! So you need to regulate his status as soon as possible. It may not be possible from within the UK...
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

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