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Child born out of UK

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broken leg
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Child born out of UK

Post by broken leg » Sun Jan 10, 2016 10:56 am

Hi Mates
sorry if this is a silly question.
I m due to apply for ILR later this year and i just had 1 week old baby born outside the UK.
The baby and mom will join in UK as dependent on my current visa soon.
My question is that: when I apply for ILR do i have to apply for both of them as dependents or my son gets the British Citizenship automatically?

Another question: If i decided to apply for ILR using PEO, should the dependent use the same service or i can do my application in person and theirs by post?

thx for ur reply

noajthan
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Location: UK

Re: Child born out of UK

Post by noajthan » Sun Jan 10, 2016 11:29 am

broken leg wrote:Hi Mates
sorry if this is a silly question.
I m due to apply for ILR later this year and i just had 1 week old baby born outside the UK.
The baby and mom will join in UK as dependent on my current visa soon.
My question is that: when I apply for ILR do i have to apply for both of them as dependents or my son gets the British Citizenship automatically?

Another question: If i decided to apply for ILR using PEO, should the dependent use the same service or i can do my application in person and theirs by post?

thx for ur reply
Your child is not British as you as parents are not British.
Add child to visa and get both mother & child on a path towards settled status (ILR) in UK.

Once they have ILR, the adults (ie you as parents) can apply to naturalise & child can apply be registered.

Note: Child's registration as a citizen will be at Home Secretary's discretion as s/he was born outside UK.

Once you meet the requirements for citizenship, its up to you if you want to apply for the privilege of citizenship together (as a family package) or whether one parent does it singly first, 'to test the water'.

It would make sense to register child at same time as one of the parents naturalises but even this is not compulsory.
Register child before age 18 anyway.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

broken leg
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Joined: Mon Nov 17, 2014 10:32 pm

Re: Child born out of UK

Post by broken leg » Sun Jan 10, 2016 2:41 pm

Thx for ur reply... sorry for being naive but my understanding is that a child of settled parent automatically gets the British citizenship. isn't this true??
one more question : if this is not true and the child is not entitled to get the Citizenship when i get the ILR , when is he legible to get it then?
Also if you do not mind can u explain what does child registration mean? is it the same process as naturalization?

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CR001
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Re: Child born out of UK

Post by CR001 » Sun Jan 10, 2016 3:36 pm

broken leg wrote:Thx for ur reply... sorry for being naive but my understanding is that a child of settled parent automatically gets the British citizenship. isn't this true?? No, you have misunderstood and it is not always and depends on where the child is born and what the parent(s) status is at that time. It is ONLY automatic if the child is born WITHIN the UK AFTER one parent has been granted ILR. If born WITHIN the UK before a parent is granted ILR, the child will be entitled to register as British. A child born abroad before a parent has ILR or is British has no claim to British citizenship.

one more question : if this is not true and the child is not entitled to get the Citizenship when i get the ILR, Only if the child is born in the UK. when is he legible to get it then? the child will qualify for ILR and Citizenship when the mother does.

Also if you do not mind can u explain what does child registration mean? is it the same process as naturalization? Same process. Children under 18 are Registered and adults are Naturalised.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
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Location: UK

Re: Child born out of UK

Post by noajthan » Sun Jan 10, 2016 4:20 pm

broken leg wrote:Thx for ur reply... sorry for being naive but my understanding is that a child of settled parent automatically gets the British citizenship. isn't this true??
one more question : if this is not true and the child is not entitled to get the Citizenship when i get the ILR , when is he legible to get it then?
Also if you do not mind can u explain what does child registration mean? is it the same process as naturalization?
Similar process BUT:
  • Form MN1 for minors;
    Form AN for adults;
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: Child born out of UK

Post by noajthan » Sun Jan 10, 2016 7:06 pm

noajthan wrote:Similar process BUT:
  • Form MN1 for minors;
    Form AN for adults;
Note: Different fees;

Also...
Different residence requirements for minors;
No LITUK or English test for minors;
Good character test only applies to minors over age of 10; (HO clearly assumes all minors below age 10 are 'little angels');
Simpler biometrics requirements for minors;
No oath-taking ceremony for minors;
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Child born out of UK

Post by CR001 » Sun Jan 10, 2016 7:12 pm

noajthan wrote:Note: Different fees;

Also...
Different residence requirements for minors; Not if the other parent is still under immigration control. Child will be granted leave in line with the lesser privileged parent
Good character test only applies to minors over age of 10; (HO clearly assumes all minors below age 10 are 'little angels'); Naturally :wink:
Simpler biometrics requirements for minors; Only for children under 6 - digital photo only, no fingerprints.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

broken leg
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Re: Child born out of UK

Post by broken leg » Sun Jan 10, 2016 11:53 pm

Thx a lot guys for the clarification
another quick question:
how long is it for the dependent to get the ILR? I mean the mom is not in UK yet.. so how long would it be before she and baby gets the ILR?

secret.simon
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Re: Child born out of UK

Post by secret.simon » Mon Jan 11, 2016 6:05 am

At least five years.

On what basis are you applying for ILR?

If it is Long residence, apply for wife and child after you get ILR, as their clock to ILR will be reset to zero anyway when you get ILR. They will have to switch to FLR(M) and their five years will start from the time of the grant of FLR(M) for your wife.

If it is a PBS route to ILR, they can join you as soon as possible as PBS dependents and five years on a PBS dependent visa will get them ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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