New Baby

[psw2009]

Hi John,

I hope you can help me I have two question

We have a baby one month ago and I am on Tier 2 General Visa which i got last month before i was on Post Study Work Visa.

1-Can i apply for baby british passport because baby born in the UK?
2- Can i apply for child benefit and tax credit

Thanks & Regards

[John]

I have split your post into a separate topic.

Using your numbering :-

1. Your baby is not British, so obviously you cannot apply for a British passport for him/her.
2. Probably not, but to make sure, what is the nationality of you and your spouse, and if either of you worked in a country apart from that of nationality, before coming to the UK, please give details.

[psw2009]

Thanks for your reply John,

Our Nationality is Pakistani, i did work only in Pakistan before coming to UK and we did not work in any other country

(In UK I am living since 5years i have work two years on PSW Visa tax paid on full time job and one year paid internship full time so i have Paid tax for three years)

Thanks alot

[John]

Thanks for that information. Your baby was born in the UK but as I understand it neither you nor your spouse yet have ILR. But when either you or your spouse, or both of you, have ILR, given your baby was born in the UK, there will be an entitlement (no UKBA discretion involved) to Register your child as British, under section 1(3), using form MN1.

As regards benefits, given that the current visas will say "No recourse to Public Funds", you cannot claim Child Benefit or Tax Credits. When ILR is obtained then such claims will be possible.

[psw2009]

Thanks you very much