PBS for newborn in UK

[rocky6023]

Hi

I am new to this forum and just registered to this site. Please pardon me if this is a repeated question as I am not able to find specific answer to my questions

Our daughter was born in UK in Jan and was extremely premature. She is home now and well, I want to know the future visa and passport requirements for her.

I currently have a TIER 2 (General) visa till Feb 2018 but I am eligible to apply ILR in Jan 2017.

1. I read that once I get ILR, my daughter is eligible to register as British Citizen (BC). Is this true ? if yes, does this mean she will get british passport and would be considered british citizen with no relation/rights in India ?

or does it mean that she is getting ILR like me but still have to wait for some time to get british passport ?

What rights does she have in India in terms of getting education, property and other civil rights enjoyed by Indian citizens if she gets british citizenship ?

2. I am not yet decided on our future in UK and would like to stay here just for my work/job. I want to get ILR for myself to get rid of renewing work permit every 3 years.
I don't want to let go of our indian passport for our family.
Should I apply for Indian passport for my daughter and get a PBS dependant visa for her ?
Can we continue as PBS dependant till we decide about settling in UK ?

3. I got married in Dec 2013 and my wife joined me in Jan 2014, she has PBS dependant visa till Feb 2018. As she will have to extend the visa to complete 5 years for being eligible to apply ILR , would the same rule again apply for my daughter if we apply for PBS dependant visa today.

Do I need to extend my daughter's visa again in Feb 2018 , to complete 5 years and then get ILR instead of BC ?
I want her to have similar status like us and not land in a precarious situation where she is a BC and her parents are still indian citizens.

Pretty confused about it and so are my questions which may seem odd. I apologise but I am sure this forum would be able to help me out.

Hoping to get replies soon.
Thanks in advance

[CR001]

1. I read that once I get ILR, my daughter is eligible to register as British Citizen (BC). Is this true ? if yes, does this mean she will get british passport and would be considered british citizen with no relation/rights in India ? Yes, she would be entitled to register as British Citizen on form MN1, current fee is roughly £779. Only once this application is approved and the registration certificate received can a passport be applied for.

or does it mean that she is getting ILR like me but still have to wait for some time to get british passport ? See my answer above

What rights does she have in India in terms of getting education, property and other civil rights enjoyed by Indian citizens if she gets british citizenship ? Not familiar with Indian laws so cannot answer that.

2. I am not yet decided on our future in UK and would like to stay here just for my work/job. I want to get ILR for myself to get rid of renewing work permit every 3 years. Would be fine, there is no requirement to apply for British Citizenship, you can stay for ever on ILR, however bear in mind that ILR can be lost if you leave the UK for 2 years or more.
I don't want to let go of our indian passport for our family.
Should I apply for Indian passport for my daughter and get a PBS dependant visa for her ? It is your choice but yes you can do this. You will be required to pay the NHS surcharge for her and any and all future pbs dependent applications.
Can we continue as PBS dependant till we decide about settling in UK ? Yes

3. I got married in Dec 2013 and my wife joined me in Jan 2014, she has PBS dependant visa till Feb 2018. As she will have to extend the visa to complete 5 years for being eligible to apply ILR , would the same rule again apply for my daughter if we apply for PBS dependant visa today. Child should be able to qualify with you if you apply based on 5 years residence.

Do I need to extend my daughter's visa again in Feb 2018 , to complete 5 years and then get ILR instead of BC ? Your choice
I want her to have similar status like us and not land in a precarious situation where she is a BC and her parents are still indian citizens.

[rocky6023]

Thanks a lot for your swift reply !

Please anyone in the forum could answer my question

What rights does she have in India in terms of getting education, property and other civil rights enjoyed by Indian citizens if she gets British citizenship ?

Please consider her father i.e myself is eligible for ILR in Jan 2017 and BC in 2022 (assuming 10 years for BC) and her mother would be eligible for ILR in Jan 2019 and BC in 2024.

My daughter would be 10 years old in 2024 and I want to leave scope in future where she can have schooling or higher education in India.

[CR001]

eligible for ILR in Jan 2017 and BC in 2022 (assuming 10 years for BC) and her mother would be eligible for ILR in Jan 2019 and BC in 2024.

Where did you get this idea of '10 years for BC'??

You can apply for British Citizen after holding ILR for 12 months.

If you look in this forum, you might get answers to your questions regarding the India query.

http://www.immigrationboards.com/other-countries/

[rocky6023]

Thanks for the link other countries/

Got a lot of info.

Just a clarity about ILR for my daughter. As you mentioned in your comment

Child should be able to qualify with you if you apply based on 5 years residence.[/color]

Do you mean my daughter can apply for ILR at the same time as my ILR application which is due on Jan 2017 ?

[rocky6023]

Thanks for the link other countries/

Got a lot of info.

Just a clarity about ILR for my daughter. As you mentioned in your comment

Child should be able to qualify with you if you apply based on 5 years residence.[/color]

Do you mean my daughter can apply for ILR at the same time as my ILR application which is due on Jan 2017 ?

Is it based on assumption that my daughter has got PBS dependant visa with her before ILR application ?

I read on website for eligibility for children to apply ILR as dependants and it says

Child can apply ILR if they were given permission to remain in UK.

Is this statement valid even though my daughter was born in UK.

Can I claim public funds( child tax credit /allowance) once I get ILR ?

Is my daughter claim public funds on ILR if any ?

[CR001]

Being born in the UK does not make her British if you don't have ILR. She will need pbs dep and can apply for ILR with you if you are applying on the basis on 5 years residence. Different rules apply if you get ILR based on 10 years long residence.

Permission to remain in the UK = pbs dep in your case.

Once you have ILR you can claim any benefits you qualify for.

Adults claim benefits not children so her status in UK is irrelevant.

[rocky6023]

Thanks a lot for your kind help !
Really appreciate it

[vinny]

A UK born child isn't required to apply for leave to remain, if not travelling.