New UK born one month before the father’s ILR application

[rajh1980]

Hi everyone,

I’m not sure whether a similar case to mine has been brought up on this forum before but I’d appreciate your input/feedback.

My wife and I are expecting a baby in Feb 2021, one month before I’m eligible to apply for ILR (based on 5-year Tier 2 route). My wife will keep her Tier 2 depend visa as she still not qualified to settle in the UK

Here is the plan I have with regards to the baby
1 10th Feb 2021. The baby’s due date.
2 – 15th March 2021 – I’ll submit my ILR application. Obviously, I will mention in my application that I have a new baby.
3 – While waiting for my ILR, we intend to apply for the baby get a Thai passport (the mother is from Thailand).
4 – Once I receive my ILR, I will then submit a MN1 form to register the baby as a British Citizen.

How does the plan sound? Will I have any issues because the baby born a month before my ILR application?

[CULLINAN]

The only difference is if the baby is born after you have ILR. Baby would have born British then (born in UK).

Since the baby due date is before you apply for your ILR, you are correct to register baby as British first via MN1 after you have ILR. £1012. Once approved, you can apply for child’s BP.

[mesn]

Hi everyone,

I’m not sure whether a similar case to mine has been brought up on this forum before but I’d appreciate your input/feedback.

My wife and I are expecting a baby in Feb 2021, one month before I’m eligible to apply for ILR (based on 5-year Tier 2 route). My wife will keep her Tier 2 depend visa as she still not qualified to settle in the UK

Here is the plan I have with regards to the baby
1 10th Feb 2021. The baby’s due date.
2 – 15th March 2021 – I’ll submit my ILR application. Obviously, I will mention in my application that I have a new baby.
3 – While waiting for my ILR, we intend to apply for the baby get a Thai passport (the mother is from Thailand).
4 – Once I receive my ILR, I will then submit a MN1 form to register the baby as a British Citizen.

How does the plan sound? Will I have any issues because the baby born a month before my ILR application?

You don't need a Thai passport if you are not planning to take a trip. You can apply for baby's naturalization directly after your ILR is done.

[rajh1980]

The only difference is if the baby is born after you have ILR. Baby would have born British then (born in UK).

Since the baby due date is before you apply for your ILR, you are correct to register baby as British first via MN1 after you have ILR. £1012. Once approved, you can apply for child’s BP.

Many thanks CULLINAN for your quick and prompt response; really appreciate it.

My I ask about a more sophisticated scenario that I wouldn't like to see happening

What if the baby born immaturely and the gap between the date of birth and ILR application is 2-3 months? Does the Home Office expect me to add the new born as Tier 2 dependent or shall I wait until I get my ILR and then directly submit the MN1

My hunch telling me that I'm overthinking but I'd be reassured to hear others' thoughts on this too

PS: we are not planning to do any travelling during this period.

[CULLINAN]

Your baby’s birth has NO relevance to your own ILR (except as mentioned above if baby is born after your ILR). You do NOT need to apply for ANY visa for a UK born child. You can simply register the baby as BC whenever he/she is born after when you get your ILR.

[secret.simon]

What if the baby born immaturely and the gap between the date of birth and ILR application is 2-3 months?

What matters for the child to be born a British citizen is the date of birth of the child and the date of the grant of ILR.

All else (whether the child is born premature or not - as an aside, all children are born immature -, the date of application for ILR, etc) is irrelevant.

Keep in mind that the requirements for citizenship at birth is laid out by law and the Home Office has no say in whether the child acquires British citizenship at birth or not. That citizenship is entirely automatic, based on the conditions in the law being met on the day the child is born.

If the child is born in the UK on or after the date either parent is granted ILR, the child is automatically a British citizen otherwise than by descent.

If the child is born in the UK before the date either parent is granted ILR, the child is not a British citizen and the only way to acquire British citizenship is by registration. Also see my earlier response to another question about acquiring British citizenship without registration.

A British born child does not require a visa to reside in the UK if the child does not leave the UK. They would require a visa to reenter the UK if they do leave.

Keep in mind that the child will only be covered for free NHS use for the first three months of their life. It may be worth insuring the child with private health insurance if the child does not have a visa to reside in the UK until its own registration as a British citizen.

[CULLINAN]

@secret.simon

Keep in mind that the child will only be covered for free NHS use for the first three months of their life. It may be worth insuring the child with private health insurance if the child does not have a visa to reside in the UK until its own registration as a British citizen.

This is something new I learnt today. Thanks for the info. My first daughter was born in Dec 2017 and she became British start April 2018 via registration. First 3 months takes her to part March. But she was vaccinated late March 2018 (I just checked her records) by NHS and we were not charged anything (she did not have any visa and was not British either by that time). Also she went to GP in late March 2018 and she was not charged anything. Am I missing something?

[JB007]

@secret.simon

Keep in mind that the child will only be covered for free NHS use for the first three months of their life. It may be worth insuring the child with private health insurance if the child does not have a visa to reside in the UK until its own registration as a British citizen.

This is something new I learnt today. Thanks for the info. My first daughter was born in Dec 2017 and she became British start April 2018 via registration. First 3 months takes her to part March. But she was vaccinated late March 2018 (I just checked her records) by NHS and we were not charged anything (she did not have any visa and was not British either by that time). Also she went to GP in late March 2018 and she was not charged anything. Am I missing something?

Children born in the UK to those here lawfully for more than 6 months

If you give birth to a child in the UK, your child will be entitled to free NHS hospital treatment in England on the same basis as someone who's ordinarily resident.

Your child is covered until 3 months of age, but only if they did not leave the UK during that period.

You'll also need to meet one of these criteria:

you have a valid visa of more than 6 months and paid the surcharge for that visa
you have a valid visa for more than 6 months, but were exempt from paying the surcharge
you have a valid visa for more than 6 months, which you applied for prior to 6 April 2015

You should apply for a visa for your child during the 3-month period after your child's birth.

If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the 3-month period.
https://www.nhs.uk/nhs-services/visitin ... -area-eea/


NHS entitlements: migrant health guide

Advice and guidance for healthcare practitioners on the health needs of migrant patients.
https://www.gov.uk/guidance/nhs-entitle ... alth-guide

[CULLINAN]

Thank you @JB007. Guess I have been lucky then.

[JB007]

Thank you @JB007. Guess I have been lucky then.

It reads like her GP visit would be free? For vaccinations, I read something that said although these are not free, it is in the interest of the GBP to vaccinate.

[secret.simon]

it is in the interest of the GBP to vaccinate

Presumably you meant that it is in the interest of the UK to vaccinate children. I think the pound sterling (GBP) is not that fussed.

[JB007]

it is in the interest of the GBP to vaccinate

Presumably you meant that it is in the interest of the UK to vaccinate children. I think the pound sterling (GBP) is not that fussed.

GBP = Great British Public. Sorry, I should have made that clear. I was going to go back and add this, but the phone rang and the post timed out.

[secret.simon]

GBP = Great British Public.

Ahh

Acronyms are prone to being lost to mistranslation (cf the debate in another thread about whether "S S" (without the space) means Settled Status or Surinder Singh - and occasionally, I have been called SS as well).

[JB007]

GBP = Great British Public.

Ahh

Acronyms are prone to being lost to mistranslation (cf the debate in another thread about whether "S S" (without the space) means Settled Status or Surinder Singh - and occasionally, I have been called Surinder Singh route as well).

There are some handy sites when you use GBP in the search -

Great British Public Toilet Map
https://www.toiletmap.org.uk/

[CR001]

GBP = Great British Public.

Ahh

Acronyms are prone to being lost to mistranslation (cf the debate in another thread about whether "S S" (without the space) means Settled Status or Surinder Singh - and occasionally, I have been called Surinder Singh route as well).

There are some handy sites when you use GBP in the search -

Great British Public Toilet Map
https://www.toiletmap.org.uk/