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Child Born in UK - and 8 months to go for ILR

Posted: Thu Jan 24, 2013 4:38 am
by sphinx5
Hi,

Im currently on Tier 2 ICT Long term Staff valid until 2014 and will be applying for ILR in Oct 2013 . I was blessed with a baby last month & Although I have registered the Baby at the local city council office, I havent yet applied for his passport ( since I can apply for his passport anytime before Jan 2014)

1>Do I have to inform the UKBA about the fact that I now have a baby so that they have it on their records before my ILR Application?

2> Should I apply for his passport now or would it be advisable to wait until my ILR application and then apply for the baby's passport ? I read that parents who have an ILR , can directly apply for a British passport for the Baby hence the confusion.

Posted: Thu Jan 24, 2013 8:13 am
by John
Using your numbering :-
  1. No
  2. You seem to be under the impression that your baby was born British, but if neither parent is "settled" in the UK, that is not the case. You will become "settled" when you get your ILR. The child's other parent? Will they also get ILR at the same time?
I havent yet applied for his passport ( since I can apply for his passport anytime before Jan 2014)
I do not understand. Why do you think there is a time limit for getting a passport?

If both parents will get ILR at the same time, following the grant of ILR, use form MN1 to Register the child as British, under section 1(3), an entitlement application, no UKBA discretion involved, and following receipt of the Certificate of Registration, then you can apply for a British Passport for the child.

Posted: Thu Jan 24, 2013 4:49 pm
by sphinx5
Hi, Thanks for your response. Im certainly not in the impression that the baby is british at birth . Yes Im applying with my Dependent for ILR as we are both eligible.

According to Indian Embassy I can apply for the baby's passport anytime in 12 months after baby is born. This is why I mentioned I can apply anytime before Jan 2014 for the baby's Indian passport - Correct me if Im missing anything here.

Im just confused whether I should apply for his Indian passport before ILR or directly apply for his british Passport after ILR.

Posted: Thu Jan 24, 2013 7:52 pm
by John
According to Indian Embassy I can apply for the baby's passport anytime in 12 months after baby is born. This is why I mentioned I can apply anytime before Jan 2014 for the baby's Indian passport - Correct me if Im missing anything here.
Yes you are missing something here, namely, actually mentioning that you are Indian,and you are talking about an Indian passport! After all you did post :-
I read that parents who have an ILR , can directly apply for a British passport for the Baby hence the confusion.
-: so clearly you intend to make the child British in due course, it appears.

Between now and when you intend to get ILR, will the child stay totally within the UK? Or do you intend taking the child out of the UK, and then back to the UK?

Posted: Fri Jan 25, 2013 12:22 pm
by sphinx5
Hi - Yes the baby will be in the UK throughout until I apply for ILR as I have no overseas travel plans .

Posted: Fri Jan 25, 2013 1:06 pm
by John
So if you intending to apply to Register the baby as British soon after you get your ILRs, why incur the cost of an Indian passport for the baby, and indeed why incur the cost of applying for ILR for the baby?

Suggest you save the money and put it against the cost of submitting the form MN1, to Register the baby as British.

Posted: Fri Jan 25, 2013 2:50 pm
by sphinx5
Thanks John. Yes you are right that would be very expensive. I will go with your suggestion . Cheers.