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Posted: **Mon Oct 12, 2015 10:29 am**

I am a Tier 2 ICT and I am eligible to apply for ILR since my Visa was issued in March 2014.

My wife is with me in the UK as a Tier 2 Dependent (PBS Dependent) and BRP for both me and my wife is valid till December 2018.

I am thinking to apply for ILR and wife will continue as PBS Dependent till December 2018.

My wife is now expecting a baby and we are thinking what will be Visa implications if she goes to home country for delivery.

CASE 1 - I receive ILR before child is born
In this case, if child is born in UK, then he/she will get British citizenship.
However, if child is born outside the UK, what will be the status?

CASE 2 - I receive ILR after child is born

Case 2.1 - Child is born in the UK - what will be citizenship status?
Case 2.2 - Child is born outside the UK - what will be citizenship status?

Posted: **Mon Oct 12, 2015 10:50 am**

shivanimanna wrote:CASE 1 - I receive ILR before child is born
1.1 - In this case, if child is born in UK, then he/she will get British citizenship. - Correct
1.2 - However, if child is born outside the UK, what will be the status?
If the child is born outside the UK, his/her status will be in-line with the less privileged parent's. So, s/he will have the same status as your wife's. The child will be eligible for citizenship when the second parent attains citizenship.

CASE 2 - I receive ILR after child is born

Case 2.1 - Child is born in the UK - what will be citizenship status? - The child will inherit the citizenship status of the parents according to the laws of their citizenship at the time of birth. However, when any one parent gets ILR, the child will be entitled (i.e. can not be refused) to register as a British citizen under Section 1(3).
Case 2.2 - Child is born outside the UK - what will be citizenship status? - Same as 1.2

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