New born visa question - answered many times

[desmond]

Hello All,

This question has been asked by many people and have been answered many times. I have a confusion hope some one can clear it for me.

We are expecting a baby and the baby will be born here in the UK soon. I am on a Tier1 visa and my wife is on a work permit visa. She will be eligible to apply for ILR some time in June/July.
My question is do we apply apply for a new born visa for the baby as my wife's dependent ? After going through this forum I have found out that if the child is not going to travel outside of the UK it is not required to have a visa to remain here.
I found a link posted by Vinny (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)

" This section relates to children born in the United Kingdom on or after 1 January 1983 who are not British citizens because, at the time of their birth, neither of their parents was a British citizen or settled here. Such children do not have the right of abode and are subject to immigration control. They are not here unlawfully, however, and are not required to apply for leave to remain (see ANNEX P, paragraph 11 if further guidance is required on this point). "


I was not going to apply for a visa however I saw this

Link:http://www.ukba.homeoffice.gov.uk/polic ... /children/

"Children born in the United Kingdom who are not British citizens
304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part."

My intention was not to apply for a new born visa, wait for my wife to get her ILR and then register the baby as a British citizen -(though I will still be on Tier1 visa). However after going through the above paragraph I am not very sure about this. Could some one please clear this for me as I am not sure whether to apply or not to apply for a new born visa
-des

[vinny]

If not travelling, then baby doesn't need to seek permission for leave to enter/remain.