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Visa requirement for a Child born in UK to non british parents

Posted: Tue Dec 31, 2024 11:12 am
by Rizwan4081
Hello everyone.

I am currently on a 3-year GTV (expiring in June 2026) and my wife is on a dependent visa (who got her visa in Feb 2024) whose validity is the same as mine. I will be eligible to apply for ILR around the same period June 2026 I believe.

We are expecting a baby in Jan 2025 and are confused about what needs to be done. I have read that a baby born in the UK could be registered as a British citizen directly once the parents get the ILR! Is that the case?

If so is it recommended for me to wait until June 2026 and then apply for ILR myself (fast-tracking) and then register the child as a British citizen? I know the NHS doesn't apply after 3 months but I have private medical insurance and also have sufficient premium cover for the newborn! Also, we are not going to travel outside the UK until I get ILR!

What would happen to the wife's visa too? Do I need to apply for three years extension??

It would be great if some clarity is provided on this... because the amount of money to be paid to get all these done is really high! (>£10000)

Re: Visa requirement for a Child born in UK to non british parents

Posted: Tue Dec 31, 2024 11:22 am
by alterhase58
Rizwan4081 wrote:
Tue Dec 31, 2024 11:12 am
Hello everyone.

I am currently on a 3-year GTV (expiring in June 2026) and my wife is on a dependent visa (who got her visa in Feb 2024) whose validity is the same as mine. I will be eligible to apply for ILR around the same period June 2026 I believe.

We are expecting a baby in Jan 2025 and are confused about what needs to be done. I have read that a baby born in the UK could be registered as a British citizen directly once the parents get the ILR! Is that the case?
Yes - MN1 Guidance: https://www.gov.uk/government/publicati ... 1-guidance

If so is it recommended for me to wait until June 2026 and then apply for ILR myself (fast-tracking) and then register the child as a British citizen? I know the NHS doesn't apply after 3 months but I have private medical insurance and also have sufficient premium cover for the newborn! Also, we are not going to travel outside the UK until I get ILR!
Not a choice really, application for baby can only be made after you/and/or wife gaines ILR.

What would happen to the wife's visa too? Do I need to apply for three years extension??

It would be great if some clarity is provided on this... because the amount of money to be paid to get all these done is really high! (>£10000)
Regarding nationality applications please post in th Citizenship forum: https://www.immigrationboards.com/viewforum.php?f=42

Re: Visa requirement for a Child born in UK to non british parents

Posted: Tue Dec 31, 2024 11:30 am
by Rizwan4081
Just to clarify again,
'Not a choice really, application for baby can only be made after you/and/or wife gain ILR.'

If I alone get the ILR with my wife extending her dependent visa for 3 more years, are you saying that I can then register my child for naturalization?

Or I will have to apply for the 3-year dependent visa for the child as well!

Sorry, but I just want to make sure I get it right!

Re: Visa requirement for a Child born in UK to non british parents

Posted: Tue Dec 31, 2024 11:41 am
by alterhase58
This is my understanding from the guidance:

"Entitlement to registration as a British citizen

Section 1(3) - A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens."

Children born in the UK don't need a visa (unless they want to travel).