Mn1 in process

[smallichai]

Hi ,

My daughters visa is expiring in March and we are waiting to hear on MN1 decision.

The wait after expiry of current visa also counts as legal stay right ?

Thanks in advance

[CR001]

No, when the visa expires she becomes an overstayer.

Is she UK born?

[secret.simon]

The wait after expiry of current visa also counts as legal stay right ?

No, because a registration application is not an immigration application.

Immigration applications made before the end of the privious leave to remain extend that leave. Registration applications are not immigration applications and do not extend such leave.

Does your child have ILR or were they born in the UK?

[smallichai]

She was born in UK when we were in skilled worker visa. Later one parent obtained ILR and on that basis we applied for MN1 .

[smallichai]

No, when the visa expires she becomes an overstayer.

Is she UK born?

Yes she is UK born

[smallichai]

Hi ,

My daughter was born in UK when we were on skilled worker visa. We applied for her visa to travel outside and now that visa is expiring in March and we are waiting to hear on MN1 decision. (One parent is now on ILR)

The wait after expiry of current visa of my daughter also counts as legal stay as she was born in UK or will she be a overstayer if we dont extend her visa.

Thanks in advance

[alterhase58]

A child born in the UK doesn’t need ILR or a visa to stay in the UK. Child is not an overstayer. Of course for travel visa is needed.

[secret.simon]

The wait after expiry of current visa of my daughter also counts as legal stay as she was born in UK or will she be a overstayer if we dont extend her visa.

A child born in the UK doesn’t need ILR or a visa to stay in the UK. Child is not an overstayer. Of course for travel visa is needed.

it's more nuanced than that.

Children born in the UK who haven't applied for a leave to remain are essentially not subject to immigration rules and can stay in the UK and don't become overstayers.

But if they apply for a leave to remain so that they can travel abroad and return, they become subject to the immigration rules and remain so till they get ILR or become British citizens.

The OP's child will be an overstayer between the time her visa expires and the date her registration certificate is issued.

As she was born in the UK, the child is entitled to be registered if either one of the parents settles in the UK. Her overstay does not impact her registration because of her entitlement.

But that doesn't prevent her from beginning an overstayer, which may have impact on things like NHS care costs, etc.