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Baby born to mother after mother on ilr and father on student visa

Posted: Mon Jul 15, 2019 1:51 pm
by shakilG
Dear everyone i need some advice and help

we have a baby last week and we are looking to register her birth

I need some information first i need to register her for birth certificate do i need to put my details on birth certificate reason why im asking because our marriage is not registered in uk we did our Islamic marriage 1 and half year ago and now waiting of our parents to join us so then we can register our marriage here

if i put my details on child birth certificate dose it affect my child to apply for British passport because i dont have ilr or British citizenship passport

Please can someone help me this

Regards

Re: Baby born to mother after mother on ilr and father on student visa

Posted: Tue Jul 16, 2019 1:28 am
by Nerazzuri
Congrats on the baby. The baby is British at birth because the mother had ILR prior to birth (assuming the baby was born in UK).Your immigration or marriage status doesn't affect the child.

Re: Baby born to mother after mother on ilr and father on student visa

Posted: Tue Jul 16, 2019 11:53 pm
by CULLINAN
shakilG wrote:
Mon Jul 15, 2019 1:51 pm
Dear everyone i need some advice and help

we have a baby last week and we are looking to register her birth

I need some information first i need to register her for birth certificate do i need to put my details on birth certificate reason why im asking because our marriage is not registered in uk we did our Islamic marriage 1 and half year ago and now waiting of our parents to join us so then we can register our marriage here

if i put my details on child birth certificate dose it affect my child to apply for British passport because i dont have ilr or British citizenship passport

Please can someone help me this

Regards
Your subject says the mother had ILR before baby’s birth and the above highlighted says otherwise.

What is your immigration status?

Me and my wife also only have Islamic marriage and we have not registered our marriage in UK. However, I always find it best to have both parents especially mother’s name on the baby’s birth certificate. It makes things a lot easier in the future.

Re: Baby born to mother after mother on ilr and father on student visa

Posted: Wed Jul 17, 2019 12:04 am
by CULLINAN
Okay I got it wrong. I read it with mother’s perspective but its the father writing.

If mother had ILR before baby was born in UK, as the user above posted, your baby is British by birth. You can apply for British Passport right away.

I will suggest you both have your names (mother’s and father’s) on the birth certificate.

It will have no impact as baby will be British through her mother.

I will like to post another link for your information which will help you in the future.

Your wife should retain her ILR for the future sake as that will be baby’s claim to British Nationality.

british-citizenship/uk-born-child-after ... 09-20.html

Re: Baby born to mother after mother on ilr and father on student visa

Posted: Wed Jul 17, 2019 10:51 am
by shakilG
Dear tier11417

Thanks for your reply,so we need to keep the mother ilr for future to apply for baby British citizenship

My Question is cant we apply for child British citizenship now?

Can mother keep keep her ilr even she apply for her British passport

Please reply

Thanks

Re: Baby born to mother after mother on ilr and father on student visa

Posted: Wed Jul 17, 2019 1:43 pm
by CULLINAN
shakilG wrote:
Wed Jul 17, 2019 10:51 am
Dear tier11417

Thanks for your reply,so we need to keep the mother ilr for future to apply for baby British citizenship

My Question is cant we apply for child British citizenship now?

Can mother keep keep her ilr even she apply for her British passport

Please reply

Thanks
You DONT need to apply for baby’s citizenship. Your baby is British by birth.

Mother has ILR. Baby is born AFTER mother got ILR so baby is British by birth. You can apply baby’s British Passport straight away now. You will need to send mother’s ORIGINAL ILR for baby’s British passport.

However, note, once the mother is naturalised as in is British Citizen herself in due course, by law, she has to return her ILR- BRP.

But in your case, the mother’s ILR BRP is the baby’s claim to British Nationality and you will need that in the future also for the baby. (read the link I posted above).


For now all you need for baby’s British Passport is:
1) Mother’s original ILR
2) Baby’s UK birth certificate
and you can apply for baby’s British Passport.

My both children were born when I did not have ILR. We both parents have our names on the baby’s birth certificate. It has no impact on baby’s nationality as your baby is British by birth because of her mother not you. Only one parent has to have settled status before baby is born for the baby to be British by birth.