is Child British (by birth)

[tiredoftiers]

Hello everyone

A child is born abroad to a mother(non-eea) whose husband is in the UK with ILR, mother has FLR in line with her husband ILR, and can return to UK anytime, what visa do they need to apply for child to bring him in the UK, or child is British(by birth)?

they have another child who was born in the UK and has British passport because father had ILR at the time of first child birth !!

your answers will greatly be appreciated

thanks

[noajthan]

No, not British as parents are not British.

[tiredoftiers]

thanks for the reply

having said that father already in the UK with ILR and wife has FLR what visa do they need to apply for child to bring him in the UK?

Father's having his BC application approved awaiting ceremony to take place ! say he will be British in few days time! would it make any difference?

[noajthan]

thanks for the reply

having said that father already in the UK with ILR and wife has FLR what visa do they need to apply for child to bring him in the UK?

Father's having his BC application approved awaiting ceremony to take place ! say he will be British in few days time! would it make any differen
ce?

Visa in line with least privileged (in visa terms) parent.
Leave to join family.

No difference, you are not British until the 'fat lady sings' (the national anthem at your ceremony).
And all foreign-born children do not magically become British when one parent does.

[vinny]

It would have made a difference if child was born in the UK or child was born outside the UK after a Parent was British.

[olgachilds]

thanks for the reply

having said that father already in the UK with ILR and wife has FLR what visa do they need to apply for child to bring him in the UK?

Father's having his BC application approved awaiting ceremony to take place ! say he will be British in few days time! would it make any difference?

No, it would not make any difference, now that the child was already born and father was not BC at the time of birth.

Child needs to get an entry clearance in line with mother's leave, if mother has clearance under Appendix FM then so, if she is an ex-PBS dependant then as a PBS dependant.

[ohara]

British citizenship granted to a parent after the birth of a child cannot be passed down to the child retrospectively;

That said, as the father has ILR, if the child was born in the UK it would have automatically been a British citizen.