Baby born in the UK but had a pbs dependant visa before

[LaraSenna]

Hi,

My son was born in London in 2015. By then my husband was a tier 2 general and I was pbs dependant. We made a trip to Brazil in Dec 2015 so we applied for a pbs dependant visa for our son. We were due to complete 5y in the uk this August.
His pbs dependant visa was granted valid until 14th September 2016 (date our visas would also expire)
This August we applied, my husband and I, for ILR.
We received our brps last week and intended to apply for our son's BC using MN1 section 1(3)
The question is: would this expired visa qualify him as an overstayer? Would this jeopardise his application?

Thanks in advance!

[ouflak1]

Technically yes he's an overstayer, but he has an entitlement to register under 1(3) regardless of his immigration status. His registration will not be affected.

[newbie0203]

You can go ahead with MN1 registration and his Visa/Overstay wont have any impact as its an entitlement for your son to register as British.