Daughter born outside UK

[shalinnijel]

Hi,

My wife joined me in the UK in May 2014 as a Tier 2 General dependant (3 years) and then later extended her visa again in Oct 2017. I currently am a British citizen.

She later travelled to India during her pregnancy in August 2015 and returned to the UK in April 2016 after delivery. (total period is a little less than 8 months)

Going by the date she entered the UK, she should have qualified for ILR in May 2019. We are now planning to apply for ILR for her.

Could you advice if absence from the UK for pregnancy will be considered a violation of the 180 days requirement?

Kind regards,
Shalin.

[CR001]

There is NO absence limit for those whose visas were issued BEFORE 11th January 2018!!

[shalinnijel]

Great! Thank you!

[shalinnijel]

Hi,

My daughter was born outside the UK in Jan 2016. I had a Tier 2 (General) work permit at the time. She has been with my in the UK since April 2016 on Tier 2 dependant visa.

I got British passport last year. So, does that still mean that my daughter can only apply for settlement visa (Set(F))? (And not British passport?)

Kind regards,
Shalin.

[CR001]

Children born abroad have no entitlement to register as British, it is a discretionary decision and the child will require ILR first.

Child would only have had an entitlement to register as British once either parent got ilr if the child was born in the UK.

You need to apply for ilr for the child when your spouse applies on form set o.

[shalinnijel]

Ok. Thank you for your response.

So, that means the child does not have to spend the required 5 years in order to get ILR? In our case, I have British passport; and my wife is set to apply for ILR. So my daughter can apply for ILR alongside my wife even though she has spend only 4 years in the UK?

Kind regards,
Shalin.

[CR001]

There is no 5 year residence requirement for children. They qualify for ILR when the parent(s) do.