ILR and UK born Son

[nhqazi]

I am living in the UK for more than five years on Tier 2(General) VISA with my family (wife and a son). We all bear Pakistani passports. Please note my son was born in the UK in 2006; he also has UK birth certificate, however, we left to Pakistan and entered in the UK again in August 2013 on Tier 2(General) VISA.
Since we have completed our five years of living in the UK, therefore we are now eligible to apply for Indefinite Leave to Remain (ILR) and hence will be lodging an ILR application this month. However, I have got some Queries:
1. I wish to know what the options for my son now are. Given he was born in the UK, I have come to know that since he is born here so he does not need to apply for ILR and can apply for citizenship directly once I have my ILR application approved. I would appreciate your comment on this, please.
2. Given he was born in the UK, when is the best time to apply for my son's citizenship. Do he also need to apply for ILR or can I directly apply for his UK citizenship once I get my ILR?
3. As I mentioned all of us (myself, wife and son) have completed five years of living in the UK and eligible to lodge the ILR application, I wish to know is it possible that I lodge my ILR application with premium service and apply my wife ILR application later with normal service. Please also comment if in that case what application form should I use to apply the ILR for my wife.
Dr.Nadeem

[CR001]

1. You can skip his ILR correct.

2. You can only apply to register him as British once you have ILR. He does not need ILR. As he is more than 10 years old, he must also meet the good character requirement.

3. Yes you can apply separately. Use form set O for wife.

[nhqazi]

Dear Sir,
I am living in the UK on Tier 2 VISA since 1st August 2013 with my son and wife. my son was born in the UK on 29 June 2006 while I was studying in the UK for my Ph.D. however, we went back to my country Pk after completing my studies in nov 2009. We finally entered again in the UK on Tier 2 VISA on 1 August 2013. Now I am filing my ILR application as all of us me, my son and my wife have completed five years of living in UK on Tier 2 VISA (General) both my wife and my son were on PBS dependent VISA (Tier 2 ) General).

My query is that now I have completed five years of living in the UK on 1st Agust 2018, then once I have my ILR approved,

Given my son was born in the UK, re-entered with me in the UK as PBS Dependent(on 1st August 2013), would my son directly be eligible to register as British and hence does NOT need to apply ILR with me. This is because I believe that if a child is born in the UK eligible to directly register as British provided one of the parents get ILR? Please see Section 1(3)

Children born in the UK – Section 1(3) and 1(3A) application
Section 1(3) - A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens.

i also checked the following MN1 application gudiance note on this link.

https://www.gov.uk/government/publicati ... n-form-mn1

I am a bit perplexed can you comment that is my son (given he was born in UK in 2006 and left to Pakistan with us in 2009 and then came again with me and my wife on August 2013 and since then living here in the UK). is entitled to register for British citizen (once I received my ILR) and hence does NOT need to apply ILR with me
I appreciate your comment on it.
Regards
N. Qazi

[CR001]

Topics Merged (click to read)

[CR001]

1. You can skip his ILR correct.

2. You can only apply to register him as British once you have ILR. He does not need ILR. As he is more than 10 years old, he must also meet the good character requirement.

3. Yes you can apply separately. Use form set O for wife.

Did you miss my response I posted when you previously asked the same question???

[nhqazi]

Thank you very much for the reply. it really helped. however, I have one more query. As I mentioned my wife is living with me in the UK for 5 years and now for ILR one of the documents that are mentioned to attached with ILR application form O is:
""If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.""

Both my wife and I have a separate bank account at the same address. Also, the electricity and counsel tax bills come under my name however my wife name has been named in the tenancy agreement for the house we are living in for last four years. and my wife is also registered with GP along with me and my child and since last one year, my wife is also doing the job in london.
I would appreciate your comments, that in this case what could be possible documentary evidence of cohabitation.
Regards

[zimba]

DO NOT start new topics ! You asked your question here, stick to this topic ONLY

[nhqazi]

Hi there
I am writing on this topic after some time. The reason is now Alhamdulillah both me and my wife have settled in UK as our application for ILR on Tier 2 VISA has been granted on 1 Jan 2019.Please note both my wife and myself are Pakistan national. However as I mentioned in this topic I have one son who was born in UK Bedfordshire on 29 June 2006 and is living as my dependant (TIER 2) . Please note as I mentioned earlier that I have lived in UK for five years ( entered in UK on 1 August 2013) on Tier 2 VISA with my son and wife. I had queried in this topic earlier that should I apply ILR for my son too along with my application. Following advice I applied for myself and wife and now started application to register my son as British citizen. I started online application "Apply for registration of a child under 18 as a British citizen."
While filing the online application "Apply for registration of a child under 18 as a British citizen" for my son I have found following question :


EEA parent permanent residence

Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom?
the given options are yes and no

I wonder what is meaning of this question and what should I opt for this question ….. as I am not from EEA.

My second question is that the form requires two referees asking

Referees must:

not be a relative, solicitor or agent of the applicant
not be related to the other referee
not be employed by the Home Office
know or have known the applicant personally for more than 3 years
they are willing to give full details of their knowledge of the applicant
advise the Home Office of any reason why the applicant should not be registered

However I do not understand the last bit here i.e. "advise the Home Office of any reason why the applicant should not be registered"

Can you please comment on both of my queries
Regards
Nadeem

[zimba]

You do NOT have PR but ILR !

advise the Home Office of any reason why the applicant should not be registered

That is if a referee has any legitimate reason for why your kid should NOT be registered as a citizen, they are expected to tell the HO (in theory)

[nhqazi]

Hi there
Thanks for the reply, however it initiates a further query. Yeah, you are correct I am on ILR however what is the difference between PR and ILR., in other words, Can I still be able to register my UK born son as British Citizen.
Secondly, what should I choose for this, as the online form provides yes and no option? If opt NO for this option does it make any difference?

EEA parent permanent residence

Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom?
the given options are yes and no

regards
Nadeem

[CR001]

Hi there
Thanks for the reply, however it initiates a further query. Yeah, you are correct I am on ILR however what is the difference between PR and ILR., in other words, Can I still be able to register my UK born son as British Citizen.
Secondly, what should I choose for this, as the online form provides yes and no option? If opt NO for this option does it make any difference?

EEA parent permanent residence

Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom?
the given options are yes and no

regards
Nadeem

That is NOT relevant to your circumstances as you are NOT an EU CITIZEN of EU family member with PR!!

[nhqazi]

Thanks. So Can I assume that I can still apply for registration of my son as British Citizen provided I have ILR.
Regards
Nadeem

[CR001]

Thanks. So Can I assume that I can still apply for registration of my son as British Citizen provided I have ILR.
Regards
Nadeem

YES!!! Not sure why believe you can't!!

[nhqazi]

thanks actually got confused by PR thing. any way thanks. you have been very helpful
regards
NAdeem

[nhqazi]

Hi there
Its long threat and I am thankful for the advices . Just to recap . my son was born in uk and all of us me,
my wife and my son were on Tier 2 visa which is valid until June 2019. on completion of 5 years I applied ILR for my wife and myself and Alhamdulillah ILR was granted to both of us. we have now received our permanent residency card. however they have asked us to post back our biometric cards that were issued on tier 2 visa .
Please note that following the advice since my son was born in UK so I did not apply for his ILR and now I am in process of registering my son as British son and filling MN1 online form , my query is that should I sent back the biometric cards of my wife and myself that was issued to us on our last tier2 application or should I also sent back the biometric card of my son.
Can you also comment what should be status of my son now, I understand that I should complete his registration ASAP but is there any time limit.
Your suggestion is highly appreciated.
regards
Nadeem.