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ILR for Child Born Outside UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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Jycs
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ILR for Child Born Outside UK

Post by Jycs » Tue Apr 05, 2016 11:44 am

1 ) Me and my Wife both recently received ILR
2 ) My son (6 year old) Born outside UK currently holding Tier 1 dependent visa valid till June 2017 .

Query 1 - Can my son travel with us outside UK for 1 month holidays and come back to UK with his current visa status ( Tier 1 dependent valid till June 2017 ).

Query 2 - Do we need to apply his ILR too ?

Query 3- Is it any issue or problems when we apply only Child ILR alone ?

Please advice and help.

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CR001
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Re: ILR for Child Born Outside UK

Post by CR001 » Tue Apr 05, 2016 11:49 am

Query 1 - Can my son travel with us outside UK for 1 month holidays and come back to UK with his current visa status ( Tier 1 dependent valid till June 2017 ). Should be fine as long as his visa is valid.

Query 2 - Do we need to apply his ILR too ? Yes at some point. Would have been easier if you included him with your application.

Query 3- Is it any issue or problems when we apply only Child ILR alone ? No
Char (CR001 not Casa)
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Jycs
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Re: ILR for Child Born Outside UK

Post by Jycs » Tue Apr 05, 2016 11:58 am

CR001 wrote:
Query 1 - Can my son travel with us outside UK for 1 month holidays and come back to UK with his current visa status ( Tier 1 dependent valid till June 2017 ). Should be fine as long as his visa is valid.

Query 2 - Do we need to apply his ILR too ? Yes at some point. Would have been easier if you included him with your application.

Query 3- Is it any issue or problems when we apply only Child ILR alone ? No
many thanks for your Reply

For Query 2 : Can we wait for Our British passport and then directly apply for My Son British passport ?

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CR001
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Re: ILR for Child Born Outside UK

Post by CR001 » Tue Apr 05, 2016 12:20 pm

No, he is not UK born and is not British. Only a British citizen can apply for a British passport.

Children born abroad are expected to hold ILR (settled/free from immigration time restrictions) before they qualify for citizenship. If you choose to skip ILR and take a risk, you will be refused and lose the fee. There is no appeal route for citizenship.

A few users on the forum have thought they can skip ILR for born abroad children to save money (and took a chance) and been refused, lost the fee and the childs visa had already expired and the child therefore had no legal status in the UK.
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.

Jycs
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Re: ILR for Child Born Outside UK

Post by Jycs » Tue Apr 05, 2016 12:36 pm

CR001 wrote:No, he is not UK born and is not British. Only a British citizen can apply for a British passport.

Children born abroad are expected to hold ILR (settled/free from immigration time restrictions) before they qualify for citizenship. If you choose to skip ILR and take a risk, you will be refused and lose the fee. There is no appeal route for citizenship.

A few users on the forum have thought they can skip ILR for born abroad children to save money (and took a chance) and been refused, lost the fee and the childs visa had already expired and the child therefore had no legal status in the UK.
Ok Thanks for advice

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