Baby born in UK -Dep visa(2013) || british passport query

[needilr2013]

Hi All

I am illegible for an ILR by next month. My son was born in uk in 2012.We wned to india to visit my family later that year and got him on dependent visa in march 2013.

So now after i get my ilr can i get him a British passport straight away?

Or is he going to be considered as part of the new dependent rules for staying in uk for 5 years and then getting ILR ?? i would assume as he is born here he should get birth right of getting british nationality.

Please advise

[Mind_The_Gap]

Hi All

I am illegible for an ILR by next month. My son was born in uk in 2012.We wned to india to visit my family later that year and got him on dependent visa in march 2013.

So now after i get my ilr can i get him a British passport straight away?

Or is he going to be considered as part of the new dependent rules for staying in uk for 5 years and then getting ILR ?? i would assume as he is born here he should get birth right of getting british nationality.

Please advise

Hi needilr2013,

If the child was born in the UK after one parent has ILR/PR, then the child is British from birth and can apply directly for a passport.

Ref: Section 9.17

However, from your post it appears that this is not the case.
Your son/daughter can apply for registration as BC once one parent is granted ILR, irrespective of immigration status so ILR application can be skipped. However, the process of applying + passport application can take 3-6 months so if there are plans for the child to travel during that period, he will require a suitable visa to re-enter the UK. In that case, you should not skip the ILR.

Hope this helps.

[Sep08T1Applicant]

It might be relevant

[needilr2013]

Thanks guys

My only concern is the new Dependent rules placed from 2012 onwards. which states that people on dependent visa after jan 2012 need to stay in uk for 5 years in order to get ilr. I hope this doest apply for the child born in uk

[shahid2000]

Thanks guys

My only concern is the new Dependent rules placed from 2012 onwards. which states that people on dependent visa after jan 2012 need to stay in uk for 5 years in order to get ilr. I hope this doest apply for the child born in uk

This will not be an issue if you successfully get ILR because the child will be "entitled" for citizenship and child's application will not be at UKBA discretion.

The only complication can be that if your ILR is not approved then the child will not get appeal rights with you. If your ILR application is straight forward then dont include your child, a lot of people do this, I did the same.