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ILR for newborn baby who was born in the UK

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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Pouria
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ILR for newborn baby who was born in the UK

Post by Pouria » Sat Sep 07, 2019 11:31 am

Hi,
My wife and I are on Tier 2 (General) visa and eligible to apply for ILR in next month. Our baby is two months old and was born in England. Do we need to apply ILR for our baby?
Thanks
P

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Zimba
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Re: ILR for newborn baby who was born in the UK

Post by Zimba » Sat Sep 07, 2019 1:03 pm

No as your baby can be registered directly as British when you get ILR
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

Pouria
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Re: ILR for newborn baby who was born in the UK

Post by Pouria » Sat Sep 07, 2019 1:13 pm

Hi Zimba, my son has only UK Birth certificate... so, you mean that I do not need to apply ILR nor Tier2 for him next month?

Do you have any website link as I could not find anything on GOV.UK website.

Thanks

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Zimba
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Re: ILR for newborn baby who was born in the UK

Post by Zimba » Sat Sep 07, 2019 1:15 pm

I already told you no. When a UK born child has at least one of the parent who becomes settled is automatically entitled to be registered as British under section 1(3) of the nationality law. This has nothing to do with the immigration rules. Such a child does not need a visa or ILR

https://www.gov.uk/government/publicati ... 1-guidance
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

Pouria
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Re: ILR for newborn baby who was born in the UK

Post by Pouria » Sat Sep 07, 2019 1:23 pm

Thanks.

My only concern is that we are going to (hopefully) obtain ILR in November and our baby was born in July i.e. we will be settled after he was born,... I will read the nationality rule.

Pouria
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Re: ILR for newborn baby who was born in the UK

Post by Pouria » Sat Sep 07, 2019 1:38 pm

Zimba, from now until the time we obtain our ILR what type of visa should we apply for the baby? should we mention him in our ILR application?
Zimba wrote:
Sat Sep 07, 2019 1:15 pm
I already told you no. When a UK born child has at least one of the parent who becomes settled is automatically entitled to be registered as British under section 1(3) of the nationality law. This has nothing to do with the immigration rules. Such a child does not need a visa or ILR

https://www.gov.uk/government/publicati ... 1-guidance

mashayekh_hosein
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Re: ILR for newborn baby who was born in the UK

Post by mashayekh_hosein » Sat Sep 07, 2019 2:00 pm

As Zimba has correctly advised you, your UK-born baby will be directly entitled to British Citizenship once one of the parents receive ILR. You do not need to apply for any visa unless you and your baby want to travel abroad before you apply for your ILR. Only in order to travel to outside UK, you need to get a Tier-2 dependent visa for the baby for re-entry. If no abroad travel is planned until you submit your ILR, then you just have to wait until November.
Last edited by mashayekh_hosein on Sat Sep 07, 2019 2:05 pm, edited 3 times in total.

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CR001
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Re: ILR for newborn baby who was born in the UK

Post by CR001 » Sat Sep 07, 2019 2:00 pm

You DO NOT have to apply for a visa or ilr for the baby!!!
Char (CR001 not Casa)
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SalmanAChaudhry
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Re: ILR for newborn baby who was born in the UK

Post by SalmanAChaudhry » Sat Sep 07, 2019 4:08 pm

Thank you to all the guys who have replied to this post. I had the same question in my mind. This single post saved me more than a 1300 GBP plus :D

Thank you guys

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