Guidance requested for new born to Tier 1 Parents in UK

[iammrgood]

Hi All,

I am on Tier 1 general visa and due for ILR eligibilty in Jul 2013. My Mrs is on Tier 1 dependent with similar ILR condition. We are expecting out little one in June this year i.e. 2012. After going through British Nationality Act of 1983 and UKBA rules I understand that if a child born in UK to a non British parents (like us) seeks to remain / enter in the UK to join / accompany his/her parents with limited leave to remain (like ours), then he/she should apply for leave to remain under PBS dependant procedure.

In light of above interpretation, my Mrs and I have decided not to make any travel plan whatsoever to our home country until Jul 2013 when we both would have our ILR successfully obtained.

Under above circumstances, could you please answer below queries. Kindly give links to evidence the comments made if possible, as it will end the quest to find that legal piece of information which will satisfy my all doubts.

1. Will my childs stay in UK from Jun 2012 to Jul 2013 without any visa be considered unlawful ?
2. When we parents get our ILR in Jul 2013, can we seek British nationality for our child using MN1 form ? (ofcourse only if process does not change )
3. Will my child need to go through naturalisation process and then seek british nationality or straight away be eligible for British Nationality ?
4. For the interim period when my child would not have any visa/passport i.e. from Jun 2012-Jul 2013 what document will provide details of his/her nationality ? And would that be required at all ?
5. If I do not intend to travel with my child and plan to apply for his/her British passport/nationality after one year, is their any requirement for me to inform/apply/register any formalities with Home countires high commission in UK ?

Pardon my detailed questioning and if they are too long !! Any reply to these would be highly appreciated.

Kind regards
SP

[esmsi]

Child dependent
Child born (in the UK or outside UK) to Tier 1 (General) migrant(s) is also a dependent, just as spouse of the migrant is. Dependent application for child requires the same documentary evidence as is required for an adult dependent applicant.

Child born in the UK
http://www.immigrationboards.com/viewto ... 854#407854
If your child (319F-319J) is not travelling, then you do not need to make an immigration application for leave to remain for her/him (Section 4a - Children born in the United Kingdom who are not British Citizens and Annex P - General guidance).
Section 4a - Children born in the United Kingdom who are not British Citizens wrote:
1. INTRODUCTION
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)...
You may wait and include her/him in your extension or settlement applications; or immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

Else, if the child intends to travel:
a) to a country other than country of citizenship, then you need to apply for leave to remain as PBS dependent for the child before the child travels outside UK, or
b) if the child is travelling to country of citizenship, then you may either apply for leave to remain as PBS dependent for the child before the child travels outside UK or apply for leave to enter (entry clearance) as PBS dependent from home country / country of citizenship before returning to the UK.

Application form (infant / child)
Imagine that the child is physically holding the pen and writing. The only exception to that is that either parent / legal guardian need to sign the form using his/her normal signature.
When child was born in the UK, common sense suggests that "child born in the UK" and / or "Not applicable" are appropriate answers to questions on the form (e.g. - entry clearance, reference number, port of entry, etc. etc.) that you are unable to answer.
When applying for leave to enter / remain as dependant of PBS migrant for a child please include passport & visa copies of both the father and mother.