ILR application for the new born of an ILR Holder

[Khurram]

Hi, my wife and I are expecting our child during the later half of this year, and will have to travel to Pakistan for attending a wedding in the family a little while (almost 2 months) after the birth of the child. Both, my wife and I, were granted ILR last year and I think our child will be eligible to apply for British Citizenship under the current Immigration laws. There are a few questions though that I am not so clear about, and will appreciate all the help/advice I can get.

Question #1 :
Due to the aforementioned shorter time-frame between child's birth and our dates of travel, just wanted to find out as to whether we can apply for the child's ILR, even if we have made his/her British Nationality application?
The child's ILR application will have to be made on the child's passport that I'll have to arrange for from the Pakistan High Commission in London.

Question #2 :
If, as per the immigration laws, an ILR application cannot be made for someone who's already 'applied' for the British Nationality, then we won't be applying for the child's British Citizenship till after getting back from Pakistan. Would that be in accordance with the law?

Question #3 :
I would also appreciate it if it can be possible to find out of the necessary forms and list of documents that will be needed to apply for the child's ILR.

Question #4 :
Furthermore, would it be possible to make the child's application in person at Croydon Office for the same-day service?

Other Options :
We've already contemplated on the idea of having our child in Pakistan, but the restrictions with regard to long haul flights for preganant women in the later stages of pregnancy, coupled with current visa processing times with the British High Commission in Pakistan (for the child), and to top it all off a modest quota of my annual leave from work would simply mean for us staying apart for almost 6 months, and that is something I am trying to avoid at all costs.

Thanks and Regards.

[John]

Hi, I think underlying your questions is a thought that it will take a long time to get your child a British Passport? But I don't think that is the case at all.

After the birth of the baby it is going to be two months until the intended date of travel .... the waiting time for British passports is only about one or two weeks.

Also, after the birth, how long will it take to get the child a Pakistani passport? Of course that passport would need to exist before it would be possible to get any sort of visa put into it.

The underlying principle is this. You have ILR ... the child will be born in the UK .. therefore the child will have British nationality as from birth.

Your greatest problem is getting passport-size photos of the child! Armed with two such photos and a completed passport application form, take those to a Post Office and pay for their checking service. That way the application will be treated with greater priority when it arrives to the Passport Office.

Lots of detail at :-

The United Kingdom Passport Service website

If you doubt that the child will be British automatically, have a look at :-

CHAPTER 3: AUTOMATIC ACQUISITION BY BIRTH OR ADOPTION

-: and in particular :-

Section 1(1) British Nationality Act 1981

3.2.2 Under s.1(1), a person born in the United Kingdom on or after 1 January 1983 is a British citizen at birth if, at the time of the birth:

* either parent is a British citizen; or

* either parent is settled in the United Kingdom

[Khurram]

Thanks John. Much appreciate your reply.

After the birth of the baby it is going to be two months until the intended date of travel .... the waiting time for British passports is only about one or two weeks.

Kindly correct me if I am mistaken but I was under the impression that it would take around 6-7 months for the child's passport to come through.
Source : http://www.workingintheuk.gov.uk/ind/en ... ality.html
If you send your application to us today, the expected times for a decision are as follows:

Naturalisation 8.07 months
Adult registrations 2.67 months
Registration of minors 6.37 months
Registration of stateless 2.07 months
Other registrations 4.89 months
Renunciations 2.52 months
Right of Abode applications 10 weeks
Minor registration 6.37
Average times for all applications 7.34 months (as of end of
October)

Also, after the birth, how long will it take to get the child a Pakistani passport? Of course that passport would need to exist before it would be possible to get any sort of visa put into it.

It would be possible to have the child's Pakistani passport in a day. (following the 'urgent' application process .... but trust me that costs a fortune !!!)

Looking forward to your comments and clarification of any ambiguity I have with regard to the longer time scale for the child's British Passport to come through.

Regards

[John]

Hi, you would not be applying for the child to be registered as British. The British Citizenship comes automatically, because :-

• child born in the UK
• at least one of the parents is either a British Citizen or has ILR ... at the time that the child was born

Compare that with ... child born in the UK ... at that time neither parent was a British Citizen or had ILR .... but ILR obtained at a later date. Then it would be necessary to apply for the child to be registered as British ... with all the delays that you mention.

If you look through the Passport Office link I provided you will see that it will be necessary to prove that at least one of the parents has ILR. It tells you how you can do that. I think you can safely assume that the Passport Office has computer links with IND .. and so can instantly check the authenticity of the Home Office letter confirming ILR, or that the ILR visa in a passport is genuine.

Also on the Passport Office site .... note what it says about the photo of a baby ... no dummy etc etc. But assuming you register the birth promptly, and therefore obtain a British Birth Certificate for the child without delay, the child could easily have a British passport within three weeks of being born.

The fact that a year later the child will not look anything like the passport photo is nothing to worry about.

[Khurram]

Thanks John. Really do appreciate your reply and appologies for the lack of better immigration knowledge at my end.