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Ilr 5yrs wp

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Sufi2
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Posts: 26
Joined: Thu Mar 15, 2012 12:17 am

Ilr 5yrs wp

Post by Sufi2 » Thu Mar 15, 2012 12:37 am

What docs
Last edited by Sufi2 on Sat Mar 31, 2012 12:40 am, edited 1 time in total.

Sufi2
Newly Registered
Posts: 26
Joined: Thu Mar 15, 2012 12:17 am

Post by Sufi2 » Thu Mar 15, 2012 10:02 am

Please help!

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Mar 18, 2012 6:22 pm

1. You should apply when eligible.
2. Name change following marriage is quite common. The HO is used to that.
3. Don't sure I understand the question. Does his passport expire before or after you plan to apply for ILR.
4. Citizenship is not from birth even for UK born children if born before ILR. Citizenship would be from when the application for Registration for the child is granted (you will need to make an application after your ILR is granted). Only after citizenship is granted, he becomes British and can apply for a passport. You can't skip ILR applications for children born outside the UK. Previous travel has no affect on young children Registration applications.

Sufi2
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Posts: 26
Joined: Thu Mar 15, 2012 12:17 am

Post by Sufi2 » Mon Mar 19, 2012 9:58 am

Thank you Jambo for replying. Let me clarify am sorry you didn't understand parts of my post the first time.

a) Your answers 1 and 2 noted with thanks
b) Re: 3 and 4 - both children were born in the UK, both hold passport from my country. The older one's passport expires this Sept. This means that if I apply for ILR when I am eligible this August and include both children in the application as dependants his passport would only be left with one month to expiry date. Is this a problem? - its a long and costly process to renew a passport (by post as I do not intend to travel) back home.

As both children where born in the UK I wondered if I could skip including them in the ILR application and just register them for British passports once I have had my ILR approved. This has two advantages if it can work, it saves me money and I dont have to worry about expiring passport. But after reviewing MN1 form I am not sure if I should skip please see post below by vinny in another discussion.

I hope this is clear and you can help clarify on these two points (i.e passport and skipping ILR for children)

Thank you

FAQ
Q - Does my UK-born child qualify for british citizenship? Can I skip ILR for my child?
A - Child born in UK before either parent is granted settlement: There is no requirement for a non-travelling UK-born-child to be included in the settlement application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status. Whether the child has a passport or not, has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - is all immaterial. If you do not include the child in your settlement application and the child's current leave expires before he/she becomes entitled to be registered as British citizen, the overstay won't affect the child's entitlement for British citizenship, if/when you're granted ILR. Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Mar 19, 2012 10:14 am

OK. Got it now.

I think vinny's post is quite clear. If both kids born in the UK and you plan to apply for Registration as BC for them, then - Yes. You can skip ILR and apply for Registration once ILR is granted.

For registration for UK born children, a valid passport is not required and they don't required to have ILR.

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