New Born Baby - Does she need PBS Dependant?

[thepharmacist1980]

Dear Forum Members

I will be grateful for your kind advice on below query.

Myself (Tier 1 General) and my wife (PBS Dependant) had first Tier 1 on 01/03/2010. After last year's extension, it will now expire on 01/03/2015 where we will apply for ILR. My first daughter was born in UK in Nov 2010 whose current PBS Dependant visa is also valid until 01/03/2015.

My second daughter was born in UK last week.

Do I need to apply for PBS Dependant visa for her as well enabling to apply for ILR along with whole family in 03/2015?

Or should I only get her Pakistani passport issued and apply for ILR in 03/2015 along with other family members WITHOUT HAVING PBS DEPENDANT VISA?

Many thanks & kind regards

[vinny]

No. If not travelling, then baby doesn't have to apply for leave to remain. UK-born children will be entitled to register for British citizenship after a parent is granted ILR.

[thepharmacist1980]

Dear Vinny

Thanks for your prompt advice.

What about if myself & my wife only apply for ILR in coming March and my both daughters (one having PBS Dependant till March 2015 and other with only Pakistani Passport) apply for British Citizenship/Passport straight after our ILR? Can this save money as myself & my wife (2 persons only) will only apply for ILR?

Can you please give some advice on this matter?

Thanks

[vinny]

If they were born in the UK, then yes.

[thepharmacist1980]

Dear Vinny

I have an advice from one of reputable immigration lawyer who says

"Your daughters cannot apply for British Passport straight after because they are born to someone who is under Immigration control (currently on Tier 1 General). If they were born after your ILR, then yes you could have applied for British Passport but in this case No.
(British Nationality Act 1981)"

Any further comment or advice on this please?

Kind regards

[vinny]

That's correct.

[thepharmacist1980]

So, I should apply for ILR for whole family (myslef + my wife + 2 daughters) in coming March? Once have ILR, then my daughters can apply for British Citizenship/Passport and myslef & my wife to wait another year to apply for British Citizenship/Passport?

[vinny]

A UK born child may skip the ILR application, if registering for British citizenship after a parent is granted ILR.

Note that your 2nd UK born daughter hasn't got any leave to expire, if she doesn't make any application for leave to enter or remain.

[thepharmacist1980]

Dear Vinny

You are always very helpful. Thanks for all support.

Please correct me if I am wrong in below understanding -

In coming March we all (Myself, my wife and both UK born daughters) should apply for ILR.

After getting ILR, both daughters should apply for naturalisation, (using form MN1 section 3(1))

Once both daughters receive their certificate of naturalisation as a British Citizen under section 3(1), they can then apply for British Passport?

Once all above sorted out, after an year time , then myself & my wife should start thinking about naturalisation and passport

Please correct me if I am wrong or could not understand your "SKIP" action from above message.

Kind regards

[vinny]

Put it this way. After a parent is granted ILR, the UK-born child's UK's Immigration status is irrelevant to the child's entitlement to British citizenship.

Moreover, a non-travelling UK-born child, who has never made any application for leave, is not required to apply for leave to remain.

[Raza121]

Any updates for the outcome Pharmacist1980? was it alright to apply for the baby for british registration?

[ILRTention]

Lets say if parents (and child born in UK) everyones current Tier-1 leave expire on Nov 2014..Than parents apply for ILR in Nov 2014 but child doesnt...would this make the child over stayer or immigration status illegal as his tier-1 dependent is now expired as his parents didnt include him on there ILR application?..... until the time parents initiates his naturalization process what would be the status of my child? dont want to make him an illegal immigrant

Any helpful replies would be greatly appreciated