ILR - Child Born Outside UK

Hi All,

I have a question about applying ILR for a child that will be born outside the UK.
The background is that I've got ILR in the UK. My wife and first kid are on a dependent visa - the second 2.5 years for the ILR. They can apply for the ILR next year.
Now we have a second child who will be born later this year. My wife might want to give birth outside the UK due to some family reasons. I understand that our second child will need a visa to come back to the UK. I am just wondering whether the second child can apply for the ILR together with my wife and the older kid next year. If not, does the child need to do the 2.5 years*2 as well?

Thank you in advance.

Now we have a second child who will be born later this year. My wife might want to give birth outside the UK due to some family reasons.

Child would be automatically British if born in the UK to a parent who has ILR, saving you a lot of money.

I understand that our second child will need a visa to come back to the UK.

Yes, same visa category as your wife, visa fees and IHS fees payable.

I am just wondering whether the second child can apply for the ILR together with my wife and the older kid next year.

Yes, if the child is born abroad and comes to the UK with a child settlement visa which will expire at the same time as your wifes visa.

Thank you for the reply.

Yes, if the child is born abroad and comes to the UK with a child settlement visa which will expire at the same time as your wifes visa.

Does this mean the visa for the child will be a dependent/ sponsor visa and has the same length as my wife's remaining visa? Is there a link to the child settlement visa?

gsrockmoon wrote: ↑

Fri Jun 09, 2023 12:08 am

Does this mean the visa for the child will be a dependent/ sponsor visa and has the same length as my wife's remaining visa?

Correct.

If the child is born outside the UK, the child will follow the same immigration pathway as the second/less-privileged parent and will need to apply for the same visas and pay the same immigration fees (including IHS surcharge) as the second parent, up to and including ILR. They will be eligible to apply for ILR along with the second parent.

If the child is born in the UK, the child will be born a British citizen otherwise than by descent, as at least one parent had ILR at the time of the birth of the child in the UK. Obviously no immigration fees will be payable.

Link to the online application form