Travel abroad with UK born baby without UK visa

[psmyn]

Hi
I would be very grateful someone could please provide clarification on a UK border issue regarding my baby daughter's ability to enter the UK as a visitor. My wife (a Chilean citizen) and I (a U.S. citizen) are residing in the UK on my Tier 2 visa that is valid until January 2013. Our baby daughter was born in the UK 4 months ago and lives with us here, and we registered her birth here and have her UK birth certificate. She is a US citizen through me, and we recently received her US passport as well. However, I need to travel to France in August for 2 weeks for work purposes, and I would like my wife and daughter to accompany me. Will my baby daughter be able to make this trip and return to the UK with us as a visitor with only her UK birth certificate and US passport since we will only be staying in the UK for less than 5 months on my current visa up on our return from France? The UKBA person I spoke with on the phone told me that this was possible, but that it would be up to the discretion of the border staff at our point of entry to the UK. If at all possible, we do not want to apply for a dependent visa for her since our visas will expire in less than 6 months and there is uncertainty as to whether we would receive her visa in time for our trip.
The information I've read on the UK immigration rules on child visitors (link here: http://www.ukba.homeoffice.gov.uk/polic ... les/part2/ ) and entry clearance for children born in the UK to non-British citizens (link here: http://www.ukba.homeoffice.gov.uk/polic ... /children/ ) seem to indicate that my daughter should be allowed to enter as visitor. However, I would be very grateful for a confirmation of this or advice from anyone who has been in a similar situation.
Thanks so much in advance.

[asim72]

Don't catch me on this, but if the immigration officer who deals with you on the day is not an idiot, you should be fine and child should get a visitor's entry into UK, without a problem.

Also, if immigration officer is bit of an idiot, he cannot deny you/your child entry because of this situation, and he will have to consult chief immigration officer before making a final decision. CIO's are senior and experienced guys and do make good decisions.

[Jambo]

The child will not be admitted as a visitor if the intentions are not such. The child will be given "leave to enter" for a limited time.

It might look similar to you but there are some differences. First, the IO will not grant entry as a visitor for someone who clearly is not visiting (as both parents have limited leave to remain). Second, you can't switch from visitor visa to other categories so if a visitor visa was granted, the child would need to leave the UK to switch to tier-2 dependant. It is not needed with leave to enter.

Be prepare to spend sometime while the IO consults/checks/goes to the backroom. Eventually, a leave to enter would most likely be granted. Bear in mind that it might just be for 2 months or so expecting you to sort out his dependant visa during that period.

[psmyn]

Thank you both very much for your replies and the information. It is helpful to know about this difference between my daughter being given "leave to enter" versus entry as a visitor as well as their consequences. The bottom line for me is knowing that she would be allowed to enter. If I do find another job in the next 4-5 months that would enable me to be eligible for another Tier 2 visa, it is likely that my family and I would return to our home country to get our new visas rather than try to do it in the UK.
Thanks again for your replies. I really appreciate your help!