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When to apply for ILR and immigration status of baby

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

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thecroads
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Posts: 2
Joined: Wed Aug 24, 2011 3:47 pm

When to apply for ILR and immigration status of baby

Post by thecroads » Wed Aug 24, 2011 4:06 pm

Hi all,
This forum looks fabulous so hopefully someone can give me advice?!?

I am a New Zealander in the UK on an ancestry visa wanting to apply for ILR. My dates are:

Ancestry visa expires 2/3/2012
Landed in UK on 26/3/2007 so 5 year requirement (minus 28 days) is on 25/2/2012
Problems... I am applying with both my husband and my 2 year old daughter as dependants but I am also due to have baby number 2 on 25/2/2012 - same day as I can submit my ILR application.

My questions are:
1. Can I submit my ILR application any earlier to ensure I get it in before the baby arrives?
2. If the baby arrives early, do I then have to include it as a dependent?
3. If I am in actually giving birth to my baby when I need to have my ILR application in, I run the risk of going past the 2nd March and then having to apply for an extension to my current visa before applying for ILR (although apparently I have to do this 4 weeks before my current visa expires) - then what?
4. If I do manage to get the application in before the baby is born but it isn't processed yet, then technically I am still not resident, does that mean I have to subsequently apply for ILR for the baby separately?

I'm desperate for any advice anyone can give me - please help!!!

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Aug 24, 2011 4:41 pm

1. Shouldn't.

See also query about new born whose parents having ILR

Was 2 year old daughter born in the UK?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

thecroads
Newly Registered
Posts: 2
Joined: Wed Aug 24, 2011 3:47 pm

Post by thecroads » Wed Aug 24, 2011 5:11 pm

yes, my daughter was born in the uk

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Aug 24, 2011 9:04 pm

Then you don't need to include her in your ILR application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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