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Please advise: child born in the UK

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VirtualWaver
Member of Standing
Posts: 320
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Please advise: child born in the UK

Post by VirtualWaver » Thu Mar 27, 2014 2:55 pm

HI all,

I am on Tier 2 General. It's my first Tier2, so I will need to extend it after 3 years.

My baby girl born in the UK 2 months ago. I, obviously, did get a birth certificate for her.

Could you please advice on following:

1) Do I have to get a passport for her from my country's embassy? To be honest I don't want her to have anything related to my country, so I want to avoid it. If I will not get her any passport from my country, is her UK birth certificate alone enough for her to legally stay in the UK?
2) I am aware that I am not required to apply for a dependant visa for her unless she leave the UK with an aim to re-enter. If I will not apply for a dependant visa for her now, will it be a problem if she live 3 years here without any visa and then I will apply for her visa once I will extend my Tier 2? WIll HO have rights to deport her saying that she is an alien and doesn't have a visa?
3) Is her birth certificate enough for her to get a UK visa or I need to get her a passport from my country's embassy first and then apply for her visa? As I said, I don't want her to get any documents from my country so want to know if her birth certificate alone is enough for getting a visa.
4) Do I need to report her birth to HO / Met Police (I do have a Certificate of Registration from Met Police)?

Will really, really appreciate your answers!! Thanks a lot!!

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Please advise: child born in the UK

Post by Wanderer » Thu Mar 27, 2014 3:30 pm

What's the nationality of the father?
An chéad stad eile Stáisiún Uí Chonghaile....

VirtualWaver
Member of Standing
Posts: 320
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Re: Please advise: child born in the UK

Post by VirtualWaver » Thu Mar 27, 2014 3:49 pm

We both are from Ukraine. Thanks.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Please advise: child born in the UK

Post by Wanderer » Thu Mar 27, 2014 4:06 pm

As neither parent is British the child isn't British, AIUI. I think at 10 the child can be registered as British but at least one of the parents needs to be setled, could be wrong on that tho!

Udachi vam..
An chéad stad eile Stáisiún Uí Chonghaile....

VirtualWaver
Member of Standing
Posts: 320
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Re: Please advise: child born in the UK

Post by VirtualWaver » Thu Mar 27, 2014 4:24 pm

Thanks for advice! But my question is a bit different. What I am asking is: do I have to get her passport from my embassy in order to apply for a dependant visa for her or her UK birth certificate is enough for that? Can she stay in the UK without a visa for 3 years, with her birth certificate only? Or she has to get a visa?

vinny
Moderator
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Please advise: child born in the UK

Post by vinny » Fri Mar 28, 2014 1:43 am

As you mentioned in 2), she may stay in the UK without applying for leave to remain.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Please advise: child born in the UK

Post by vinny » Fri Mar 28, 2014 7:11 am

Wanderer wrote:As neither parent is British the child isn't British, AIUI. I think at 10 the child can be registered as British but at least one of the parents needs to be setled, could be wrong on that tho!

Udachi vam..

Change "but" to "or".
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

VirtualWaver
Member of Standing
Posts: 320
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Re: Please advise: child born in the UK

Post by VirtualWaver » Sat Mar 29, 2014 10:49 pm

Thanks vinny,

So, if she leave here without getting a visa, it will be absolutely legal even though she is not entitled for British residency.

Another questions: do I need to get her a Ukrainian passport in order to apply for a dependant visa for her or her British birth certificate alone will be enough to get her a dependant visa here in the UK? From HO point of view is it ok if she doesn't have a Ukrainian passport? Or she has to have it to stay here? Thanks.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Please advise: child born in the UK

Post by vinny » Sat Mar 29, 2014 11:34 pm

She only requires a passport when she wishes to travel outside the UK. If she wishes to travel, then she may apply for leave to enter/remain.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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