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ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 11:31 am
by Pouria
Hi,
My wife and I are on Tier 2 (General) visa and eligible to apply for ILR in next month. Our baby is two months old and was born in England. Do we need to apply ILR for our baby?
Thanks
P

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 1:03 pm
by zimba
No as your baby can be registered directly as British when you get ILR

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 1:13 pm
by Pouria
Hi Zimba, my son has only UK Birth certificate... so, you mean that I do not need to apply ILR nor Tier2 for him next month?

Do you have any website link as I could not find anything on GOV.UK website.

Thanks

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 1:15 pm
by zimba
I already told you no. When a UK born child has at least one of the parent who becomes settled is automatically entitled to be registered as British under section 1(3) of the nationality law. This has nothing to do with the immigration rules. Such a child does not need a visa or ILR

https://www.gov.uk/government/publicati ... 1-guidance

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 1:23 pm
by Pouria
Thanks.

My only concern is that we are going to (hopefully) obtain ILR in November and our baby was born in July i.e. we will be settled after he was born,... I will read the nationality rule.

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 1:38 pm
by Pouria
Zimba, from now until the time we obtain our ILR what type of visa should we apply for the baby? should we mention him in our ILR application?
Zimba wrote:
Sat Sep 07, 2019 1:15 pm
I already told you no. When a UK born child has at least one of the parent who becomes settled is automatically entitled to be registered as British under section 1(3) of the nationality law. This has nothing to do with the immigration rules. Such a child does not need a visa or ILR

https://www.gov.uk/government/publicati ... 1-guidance

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 2:00 pm
by mashayekh_hosein
As Zimba has correctly advised you, your UK-born baby will be directly entitled to British Citizenship once one of the parents receive ILR. You do not need to apply for any visa unless you and your baby want to travel abroad before you apply for your ILR. Only in order to travel to outside UK, you need to get a Tier-2 dependent visa for the baby for re-entry. If no abroad travel is planned until you submit your ILR, then you just have to wait until November.

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 2:00 pm
by CR001
You DO NOT have to apply for a visa or ilr for the baby!!!

Re: ILR for newborn baby who was born in the UK

Posted: Sat Sep 07, 2019 4:08 pm
by SalmanAChaudhry
Thank you to all the guys who have replied to this post. I had the same question in my mind. This single post saved me more than a 1300 GBP plus :D

Thank you guys