Child born in India to parent Holding ILR

Hi Friends,

I am blessed with second child in Nov 2018. Now i need to bring my child to UK. and i have some confusion whether i can apply for British passport or have to apply for UK visa. My situation is as below.

- I am living in UK for more than 13 yrs and have ILR since Sep 2014 but never applied for British Citizenship. Now i am thinking to apply for UK passport next year. At the time of child birth i was in London.
- My wife is on Limited Leave to remain, however eligible for ILR since Aug 2018. Due to her health we took decision to have child birth back home in INDIA. Now she is in India since Aug 2018.
- My first daughter born in UK and already have UK Passport. Currently in India with mother.

I was under impression that child born to a Parent on ILR is eligible for UK citizenship irrelevant to place of birth. But when i called up passport help line they saying that if child born outside UK then child is not eligible for British passport. So my questions are.....

Q1 - is my child eligible for UK passport?
Q2 - If my child is not eligible for UK passport then what visa route i need to go for? and when will child be eligible for UK citizenship? (please let me know application form name and required details)

Could you please help me in this matter. I appreciate your help.

Thanks

I was under impression that child born to a Parent on ILR is eligible for UK citizenship irrelevant to place of birth

No, not the case if child is born abroad. Only a child born in the UK when a parent has ILR is British automatically.

Q1 - is my child eligible for UK passport?

No.

Q2 - If my child is not eligible for UK passport then what visa route i need to go for? and when will child be eligible for UK citizenship? (please let me know application form name and required details)

Same visa as the mother. Child can then apply for ILR when mother does. Child only eligible for citizenship when either parent applies or if parent is already British once child has ILR.

Children born abroad follow the same UK immigration route as the less-privileged parent up to and including the less-privileged parent (and the child) being granted ILR.

After getting ILR, s/he can then register as a British citizen when at least one parent either is or is applying to become a British citizen.

Thanks for your response Secret.Simon & CR001.

Could you please let me know what form i should need to fill up? is it FLR M? and what document i would need to enclose to support my application?

No it is not FLR(M) as this application form can only be used for applications made WITHIN the UK. You need VAF4A and Appendix 2.

Presumably your wife holds a spouse settlement visa. In that case, you apply for the same category visa : child settlement visa and you must meet all the requirements, i.e. £22,400pa financial requirement, adequate accommodation etc.

Child visa will be granted in line with the mothers visa and expiry date.

IHS is due to double on 8th January.

https://www.gov.uk/uk-family-visa/child

Thanks a lot CR001 for information on IHS.