ILR Child

[tinghsuenwu]

Hi,

My husband and I currently hold ILR, and we will go back to our home country to give birth to our son in a few months. We will have to apply ILR for the baby outside the UK, so I’m wondering if Set(O) is the correct form we are going to apply from?

[vinny]

No.

Note: If child was born in the U.K., then child will automatically be British.

[tinghsuenwu]

No.

Note: If child was born in the U.K., then child will automatically be British.

Thank you. As we want to have the support from our family, we will go back to our home country to have the baby.

May I know which category should we apply for the baby? My husband will apply British citizenship after the baby is born (he will be eligible after the due date of our son), does that affect our son’s application?

[vinny]

Need to apply for child entry clearance. They should grant ILE.

Unfortunately, if husband’s citizenship is after child’s birth, then child cannot automatically benefit from it.

[tinghsuenwu]

Need to apply for child entry clearance. They should grant ILE.

Unfortunately, if husband’s citizenship is after child’s birth, then child cannot automatically benefit from it.

I followed the link you gave me, and it led me to the category: Non-British child of a parent (granted or currently applying for permission to be in the UK on or after 9 July 2012). I have a few questions:

1. Is this ILE?
2. If the baby is granted ILE outside the UK, should we apply ILR for the baby after we brought him back to the UK?
3. After my husband is granted citizenship, can the baby apply citizenship from ILE?

[vinny]

1. It’s a child settlement visa. However, they should grant ILE when both parents have ILR.
2. ILE holders do not need to apply for ILR as they are equivalent.
3. Yes.