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Children Status if parent having an ILR

General UK immigration & work permits; don't post job search or family related topics!

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azaz449
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Children Status if parent having an ILR

Post by azaz449 » Wed Jul 06, 2022 9:13 pm

Hi everyone,

My wife had a UK ILR visa till 2024. She is expecting the baby in September.
What will be the process of a visa for a child?
Is the baby need ILR first and then can apply for a British passport or he/she can get the passport directly without ILR?

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CR001
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Re: Children Status if parent having an ILR

Post by CR001 » Wed Jul 06, 2022 9:32 pm

Depends where the baby will be born, within the uk or abroad.
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Re: Children Status if parent having an ILR

Post by vinny » Thu Jul 07, 2022 12:54 am

If born in the UK, then baby may apply for a British passport. Else, if wife is a returning resident, then baby may apply for a visa, in-line with yours, subject to extra financial burden, etc.
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.

azaz449
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Re: Children Status if parent having an ILR

Post by azaz449 » Thu Jul 07, 2022 7:11 am

CR001 wrote:
Wed Jul 06, 2022 9:32 pm
Depends where the baby will be born, within the uk or abroad.
Yes, the baby is expected to be born in the UK. As my wife is already in the UK.

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zimba
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Re: Children Status if parent having an ILR

Post by zimba » Thu Jul 07, 2022 1:53 pm

azaz449 wrote:
Thu Jul 07, 2022 7:11 am
CR001 wrote:
Wed Jul 06, 2022 9:32 pm
Depends where the baby will be born, within the uk or abroad.
Yes, the baby is expected to be born in the UK. As my wife is already in the UK.
Your child will be British at birth. You can apply for a British passport or a COE sticker for the child
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

azaz449
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Re: Children Status if parent having an ILR

Post by azaz449 » Fri Jul 08, 2022 3:59 am

vinny wrote:
Thu Jul 07, 2022 12:54 am
If born in the UK, then baby may apply for a British passport. Else, if wife is a returning resident, then baby may apply for a visa, in-line with yours, subject to extra financial burden, etc.
I am confused regarding the two processes. First, you mentioned in the link https://www.gov.uk/get-a-child-passport that it cost me around 46+58.50 pounds.
and some mentioned to me that https://www.gov.uk/apply-citizenship-born-uk/under-18 way for dual nationals i.e. UK and Pakistan. You can say some sort of neutralization. It costs me 1012 pounds.

Which is the right path?

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Re: Children Status if parent having an ILR

Post by vinny » Fri Jul 08, 2022 5:13 am

If an ILR parent has a UK-born child, then agree with @Zimba. Child is automatically British otherwise than by descent from birth. If child is already British, then child cannot register for British citizenship
Before considering registration you must check whether the child is already a British citizen. The minor may already be a British citizen without the parents realising it, in which case there is no need to register.
nor naturalise when an adult.

Nor be subject to grants of leave.
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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