Newborn - Birth in UK

[shariq]

Hi Guys,, I am currently working on Tier 2 General and will be eligible for ILR in November this year. I have a newborn (2 months old) born in UK and is planning to take to him to India for 2-3 weeks and for that he needs a passport. So the questions are -

a. Can I apply for his British citizenship ahead of me applying for ILR?

b. If not, I guess the option is to apply for Indian passport (which I actually have already but have not received it yet ) and get him to travel to India?

c. Now do I need to get him Tier 2 depended visa when coming back to UK or he came come on visitor visa as well - considering I would need to apply either for his citizenship or ILR dependent visa once I get my ILR in Nov.

d. The reason I asked for possibility for getting him here visitor visa is purely because of cost - as if I get him a Tier 2 general dependent visa (which is quite expensive I guess), that will be only valid for 3-4 months as I would need get him on ILR dependent of British citizen anyways.

e. If taking the visitor visa route, will he be still eligible to apply for citizenship in Nov, considering I will get my ILR by then?

Appreciate some help on this.

Many thanks.

[CR001]

Hi Guys,, I am currently working on Tier 2 General and will be eligible for ILR in November this year. I have a newborn (2 months old) born in UK and is planning to take to him to India for 2-3 weeks and for that he needs a passport. So the questions are -

a. Can I apply for his British citizenship ahead of me applying for ILR? No

b. If not, I guess the option is to apply for Indian passport (which I actually have already but have not received it yet ) and get him to travel to India? Yes

c. Now do I need to get him Tier 2 depended visa when coming back to UK or he came come on visitor visa as well - considering I would need to apply either for his citizenship or ILR dependent visa once I get my ILR in Nov. Tier 2 Dependent in line with mothers visa

d. The reason I asked for possibility for getting him here visitor visa is purely because of cost - as if I get him a Tier 2 general dependent visa (which is quite expensive I guess), that will be only valid for 3-4 months as I would need get him on ILR dependent of British citizen anyways. Why do you think he needs to be ILR dependent? Once you have ILR, you can register him as British, he doesn't need ILR or a visa for that matter (provided he doesn't leave the UK)

e. If taking the visitor visa route, will he be still eligible to apply for citizenship in Nov, considering I will get my ILR by then? He won't get a visitor visa. His visa option is limited to that of the you and the mother.

Appreciate some help on this.

Many thanks.

[moonlight55]

a. No. You will need your ILR to be approved before you can apply for his passport.

b. Yes. A passport is not required if the kid is returning to home country permanently. In your case, since you plan to come back, he will need a passport.

c. T2 dependent visa. I don't see his visitor visa getting approved since as per visitor visa guidelines, a visitor needs to provide a genuine case to return back to home country which will not be the case for your kid.

d. See above.

[shariq]

Thanks for the info.

So if the newborn travels to India on India Passport for now and upon return apply for a Tier 2 General dependent - Is he still eligible to apply for citizenship once I will get my ILR ?

I think I am trying to understand is that him (newborn) leaving the country for a short trip doesn't make him not eligible to apply for citizenship under MN1 section 1 (3) route. He can still apply for his citizenship based on my ILR even though he went out of UK on India passport and returned on Tier 2 general dependent visa?

[CR001]

Thanks for the info.

So if the newborn travels to India on India Passport for now and upon return apply for a Tier 2 General dependent - Is he still eligible to apply for citizenship once I will get my ILR ? Yes, there is no requirement that he cannot leave and has to stay in the UK.

I think I am trying to understand is that him (newborn) leaving the country for a short trip doesn't make him not eligible to apply for citizenship under MN1 section 1 (3) route. He can still apply for his citizenship based on my ILR even though he went out of UK on India passport and returned on Tier 2 general dependent visa? Yes, he can. He is UK born and is entitled to apply for citizenship and it cannot be refused.