Citizenship for child born abroad

[ILR_HELP_SEEKER]

Hi Guys,

I am on Tier-2 General visa (filed after jun 2012) and would be getting my ILR in AUG-2017. subsequently naturalization should happen in AUG-2018. we have a baby on the way and the birth of the child will be outside UK.

1. is there any way by which the kid can get citizenship if born abroad and only 1 parent (myself) on ILR or naturalized citizen . my wife will still be on dependent as she travels a lot out of UK and isnt eligible for ILR.

2. for my wife to get ILR, would she need to be in UK for 5 years even after I get citizenship or would there be a shorter timeframe. (she is not keen for ILR, but if it helps the kid to get citizenship).

Thanks in Advance.

[CR001]

1. is there any way by which the kid can get citizenship if born abroad and only 1 parent (myself) on ILR or naturalized citizen . my wife will still be on dependent as she travels a lot out of UK and isnt eligible for ILR.

No, there is not. As the baby will be born abroad before you are a British citizen, the child will need a visa to enter the UK. A child born abroad is also expected to hold ILR before qualify for citizenship (which is at discretion by HO) if you are not a British citizen at the time of birth.

2. for my wife to get ILR, would she need to be in UK for 5 years even after I get citizenship or would there be a shorter timeframe. (she is not keen for ILR, but if it helps the kid to get citizenship).

What visa is your wife currently on in the UK and how long has she been in the UK?

[ILR_HELP_SEEKER]

HI CR001

Thanks for the quick reply.

My wife holds a tier2 general dependent visa. she has now travelled out of UK and there a substantial gaps in her UK stay which would cause eligibility issues for her ILR. further more , she would be coming back only by mid of next year.

Thanks.

[CR001]

He child will be issued with a visa in line with the mother. There is no easy route unfortunately, unless the child is born in the UK.

[ILR_HELP_SEEKER]

Thanks for the information.

Just one last question.

After I get citizenship, will it still take 5 years for my wife to get ILR as a dependent to a citizen ?

[CR001]

If she is a PBS Dependent visa holder and you obtain ILR based on Tier 2, she can continue to extend her PBS Dependent visa until she qualifies for ILR. She does not have to switch to another category.

Given that she has been in the UK since before 9 July 2012, she may qualify with you for ILR.

[secret.simon]

As the baby is not born yet, the mother could be persuaded to give birth in the UK for the sake of the child.

If the child is born outside the UK, the mother will have to be persuaded to settle in the UK, acquire ILR and citizenship before traveling outside the UK.