Citizenship eligibility for child born outside and after parent citizenship

Hi

I hold Indefinite Leave to remain visa and i have applied for Citizenship 2 weeks back and am waiting for bio-metrics and am currently living in UK

My wife is also on ILR visa and she completed 12 months and eligible for citizenship. My wife is pregnant and delivery due date is July 2nd week 2020. My wife went to India for vacation. We planned for pregnancy delivery in UK but got struck in India due to CoVid situation

My question: Is there any route under which i can register my new born baby as British citizen ?

Appreciate your support.

Thanks
Arun

Does the mother already have ILR or is she on a route to ILR?

If she already has ILR, you would be able to apply the child to get ILE (Indefinite Leave to Enter) before mother and child plan to return.

Back in the UK, child can be registered as a British citizen once you have British citizenship as the child will have ILE and the mother has ILR.

Does the mother already have ILR or is she on a route to ILR? - She has ILR granted

If she already has ILR, you would be able to apply the child to get ILE (Indefinite Leave to Enter) before mother and child plan to return.

Back in the UK, child can be registered as a British citizen once you have British citizenship as the child will have ILE and the mother has ILR. - Can i seek citizenship under covid situation as my citizenship application made before child born ?

Can i seek citizenship under covid situation as my citizenship application made before child born ?

No you cannot. There is no "COVID situation" concession for citizenship. You are only British when you have attended your ceremony. When you applied is irrelevant to your child and you only applied very recently. The child has no entitlement to register as British or is British by descent if born BEFORE you officially became British.

ArunIdeaz wrote: ↑

Fri Jun 26, 2020 6:54 am

Can i seek citizenship under covid situation as my citizenship application made before child born ?

Keep in mind that the immigration pathway ends at ILR. Nationality is governed and administered differently.

Nationality is governed by the British Nationality Act 1981, which is not as easy to change as the Immigration Rules. Also note the difference between the Act (made by Parliament) and the Immigration Rules, made by Ministers. They can change the latter easily, but not the former.

It is not the date of application that will matter for the citizenship of the child born abroad, not even the date of the approval letter, but the date of the the naturalisation certificate/citizenship ceremony.

If the child is born after that last date, s/he is a British citizen by descent.

If the child is born before that date, s/he will be a foreign citizen and will need to apply for the appropriate documentation to come and live in the UK.

In many countries, a child born to non-nationals is also a non-national.

In the UK, a child born in the UK to non-nationals is British if one of the parents is settled (ILR / PR / Settled Status).

Mainly what builds the case for British citizenship is not the ILR but the fact that the child is born in the UK. Then, the ILR is an added necessary condition.

So if a foreign national is in a foreign country having a child there, this is totally outside of the scope of UK citizenship law.

Thanks for the reply

Could you please provide me a website link using which i can make application for my child? I will be making application from India.

As i mentioned earlier me and my wife has ILR status.

ArunIdeaz wrote: ↑

Fri Jul 03, 2020 1:29 pm

Thanks for the reply

Could you please provide me a website link using which i can make application for my child? I will be making application from India.

As i mentioned earlier me and my wife has ILR status.

Child Settlement visa. Current cost is £1523 and possible IHS fee.

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

I am looking at the link you provided :

I think i need to follow instructions under
Apply from outside UK ->Apply separately

Should use Appendix FM online or Online application Application?

Online application Application?

This one, as neither parent has limited leave to remain as the spouse of a settled or British spouse.

Quote from gov.uksite

Which form you need to fill in depends on whether your parent is applying to enter the UK as the partner of one of the following:

a British citizen
a person with indefinite leave to remain
a person with refugee status or humanitarian protection
If they are applying as one of these, you must fill in the Appendix FM online form.

Myself and my wife both have ILR

ArunIdeaz wrote: ↑

Fri Jul 03, 2020 2:48 pm

Quote from gov.uksite

Which form you need to fill in depends on whether your parent is applying to enter the UK as the partner of one of the following:

a British citizen
a person with indefinite leave to remain
a person with refugee status or humanitarian protection
If they are applying as one of these, you must fill in the Appendix FM online form.

Myself and my wife both have ILR

Yes I know, you have already stated this when you started the topic. NEITHER parent is applying for a visa. The child applies on their own, using the online and Appendix 1 option and NOT the Appendix FM option.

Apply separately
Which form you need to fill in depends on whether your parent has leave to enter or remain in the UK on a 5 or 10-year route to settlement as the partner of:

a British citizen
a person with indefinite leave to remain
a person with refugee status or humanitarian protection
If they do, you must fill in the Appendix FM online form.

If they do not, you must fill in both:

the online application form
the Appendix 1 paper form

Thanks

I started online application can you clarify which Appendix or both to be filled in from below . My understanding is only first one required.

• Non-British child of a parent (granted or currently applying for permission to be in the UK on or after 9 July 2012)
  
  Parent of a child under the age of 18 in the UK

We don't have access to the online forms. What are all the options given??

Hi

I am filling up online application "Non-British child of a parent granted or currently applying for permission to be in the UK as the parent of a child who is a British citizen or settled in the UK" for my daughter

At the end system asking for "Immigration Health Surcharge" to be paid.

Can you clarify if this is required because my application would be indefinite leave to enter ?

Thanks
Chenna