Child born outside UK

I am on tier-1 General visa from Oct 2010 (visa valid till Sep 2017), applying my ILR in October 2015.

My wife first came to UK in Jan 2015 (visa valid until sep 2017) on tier 1 general dependent. She is preganant and baby is due in Jan 2016, she is going to India for delivery and the child will be born in india,

I have two questions here

1. While applying visa for the new born child(born outside uk), can the father be on ILR and mother continue to be on tier 1 dependent ? What visa category should I apply for the child ?

2. When I apply for british citizenship , can I include my child for the british citizenship ? Please note - Mother is still on tier 1 dependent and will need to stay for 4 more years to get eligible for ILR.

Thanks

1. Assuming you will apply for ILR under PBS route and not under Long Residence - Yes (319C), PBS dependant (319H).
2. You may, but such an application is subject to discretion (9.17.9). Likely to be refused.

Thanks for your quick response. Yes, I will apply ILR via PBS and its is clear from your answer that I will apply child's visa as ILR PBS dependent. Will I need to change my wife's visa from tier 1 dependent to ILR dependent before applying child visa ? As I read in some forum that both parents have to be in the same visa before applying the visa for the child.

Already answered.

hello64381 wrote:Will I need to change my wife's visa from tier 1 dependent to ILR dependent before applying child visa ?

No. Child may apply for leave as a PBS dependant, in-line with mother's.