ILR Application for Children born in India

Hello All,

Please help me with my query.

I got Tier 2 General in Sep 2016 and my wife applied as a PBS dependent in Nov 2016 and came to UK in last week of Nov.

Currently I am on T2G visa and my wife is on Tier 2 Dependent visa both are valid till Dec 2022. My question is as follows:

1. Can I apply for ILR first and after 3 months apply for ILR for my wife.
2. Does her current PBS dependent visa that is valid till 2022 get cancelled or we need to change her visa category to ILR dependent soon after my ILR application or continue as is
3. Can we apply together when I am (Primary visa holder) is eligible for ILR
4. Should I wait till Nov 2021 and then me and my wife can both apply for ILR together.

Sorry for too many questions, hope you can help me out here. Much thanks in advance.

1. Yes
2. She remains under her visa and applies for ILR when she has 5 years. NO change of visa is needed
3. You can apply together if both of you have completed the qualifying period
4. You can do that

Thank you so much… appreciate it

Hi Team, need your advise, if both parents are on Indefinite leave to Remain and we choose to have our baby in India (with family support etc) instead of UK. will the child be applicable for BC or we have to apply for a Indian passport and then a ILR (not sure which category).

What is most advisable baby born in UK (for paperwork reasons) or no big impact.

Please advise so it will help us plan. Baby is due later this year.

Thanks in advance.

will the child be applicable for BC

No.

we have to apply for a Indian passport and then a ILR (not sure which category).

Yes, child settlement visa.

What is most advisable baby born in UK (for paperwork reasons) or no big impact.

If child is born in the UK to parents who hold ILR, the child is automatically British and can apply for a British passport directly.

Thank You Brother CR001 for responding to my query. I understand that child born within the boundaries of UK for parents holding ILR get BC automatically.
But,
what do we need to do if child is born in India (outside UK) for both parents holding ILR. I read in many forums that if child is born abroad then they do not get BC automatically. They need to come to UK and apply for BC.
In that case,
Which visa do we need to apply from India > ILR dependent or Child settlement visa ?

Will the child get BC only when we land back in the UK or we can apply for BC from India.

There is a lot of confusing information about this topic - can you please clarify for me so I can plan accordingly.

Appreciate all your help - Much Thanks

There is nothing confusing if you know what you are doing. As you have been told a non-UK born child does not have ANY entitlement to British citizenship. Such a child must apply to secure ILR status first. Even after getting ILR, there is still NO entitlement to British citizenship for such a child. That child can only be registered as British with the discretion of the secretary of the state under the nationality law BUT one parent MUST be British and the other parent MUST either be settled or British. It seems that does not apply to your situation so the child cannot get citizenship.

You must apply for the child under 'Non-British child of a parent, parents or relative who are British citizens or settled in the UK' to secure ILE (indefinite leave to enter) for the child

Hi Zimba,

I am in the similar situation. My daughter is born in India and is 2 months old now and I will be applying under the category "Non-British child of a parent, parents or relative who are British citizens or settled in the UK"

I found out that the application fee for the child is £1523, can you please confirm if this is right?
https://www.gov.uk/government/publicati ... -july-2021
Appreciate your help on this.

Thanks
Javed