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Tier-2 to ILR and registering new born

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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TJ2408
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Tier-2 to ILR and registering new born

Post by TJ2408 » Wed Dec 14, 2016 2:55 pm

Background: I am on Tier-2 (General) and have recently completed the 5 year period. Off the back of which we have decided to apply for our ILR (in person application). The timing is critical as we had a baby recently and we have upto 42 days to register the name of the baby. We havent registered the baby yet as we thought it will be easy if we register the baby name after we have made our ILR application.

Questions:
1. Since we havent registered our baby yet (as we have 42 days to do so) are we better off getting the ILR application done before we register our baby?
2. If the answer to above is "Yes, ILR before registering baby" then does the baby automatically get the Citizen status or do we have to go through naturalisation process?

Appreciate your help on these questions.

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aby00156
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Re: Tier-2 to ILR and registering new born

Post by aby00156 » Wed Dec 14, 2016 3:06 pm

Registering a birth has nothing to do with your ILR application.
Just go to the local council and register the birth. They will give the short birth certificate on the spot and the full birth certificate will come via post or can be collected at the council after a week.

You will only need to go with your marriage certificate or any ID proof - that too only for checking the spellings of your and your partners names.

Once you got the birth certificate, then after getting your ILR you can apply for babies British citizenship directly.

I have registered birth of my daughter last week. Hence telling you from personal experience.
So verily, with every difficulty, there is relief.

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CR001
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Re: Tier-2 to ILR and registering new born

Post by CR001 » Wed Dec 14, 2016 3:29 pm

The child was born before you applied and got ILR so not automatically British. It is the date of birth that determines this NOT the date you register the birth at the council.

Once you have ILR, you can register (only adults are naturalised) the baby as British on form MN1 under section 1(3) of the BNA, which is an entitlement to register (i.e. cannot be refused). Current cost is £936 and passport is extra.
Char (CR001 not Casa)
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TJ2408
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Re: Tier-2 to ILR and registering new born

Post by TJ2408 » Wed Dec 14, 2016 5:36 pm

Thanks CR001

needinfo89
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Re: Tier-2 to ILR and registering new born

Post by needinfo89 » Fri Dec 16, 2016 4:17 pm

[quote][/quote] "Once you have ILR, you can register (only adults are naturalised) the baby as British on form MN1 under section 1(3) of the BNA, which is an entitlement to register (i.e. cannot be refused). Current cost is £936 and passport is extra"

Hi, I am in a similar situation and need some advice please.

I am currently due to have a baby in March 2017. My husband is in a TIER 2 general visa, and he will be completing his 5 years in October 2017 and will be applying for his ILR then. However, I am on a TIER 2 dependant visa and I will be completing my 5 years in this category in October 2018 to be eligible to apply for ILR.

I have checked the UKBA website and I have called UKBA yesterday regarding my child's status once she is born. They have told me since the child will be born before any of the parent received the ILR, so child needs to be registered under Tier 2 dependant visa and the child can only apply for ILR once he/she completed 5 years in the visa category. Child cannot be registered as British if born before any of the parents had ILR.

I am a bit confused now. CR001, Can you please let me know where did you get the info about baby eligible to be registered as British once the parent gets ILR?

Is it is possible to register a child as British Citizen once one parent gets their ILR? I would really like to know the procedure.

Looking forward to your reply. Thank you very much.

TJ2408
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Re: Tier-2 to ILR and registering new born

Post by TJ2408 » Fri Dec 16, 2016 4:59 pm

needinfo89:

After CR001 's reply i found some useful links which you should go through as well in order to get all relevant info. In nutshell, your baby dont need to wait 5 years. Once ILR is sorted out for your Husband, your baby can have the registration done through MN1 form. After the registration you can apply for baby's British Passport.

Read this article
http://www.immigrationboards.com/britis ... 95747.html

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CR001
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Re: Tier-2 to ILR and registering new born

Post by CR001 » Fri Dec 16, 2016 5:16 pm

needinfo89 wrote:Hi, I am in a similar situation and need some advice please.

I am currently due to have a baby in March 2017. My husband is in a TIER 2 general visa, and he will be completing his 5 years in October 2017 and will be applying for his ILR then. However, I am on a TIER 2 dependant visa and I will be completing my 5 years in this category in October 2018 to be eligible to apply for ILR.

I have checked the UKBA website and I have called UKBA yesterday regarding my child's status once she is born. They have told me since the child will be born before any of the parent received the ILR, so child needs to be registered under Tier 2 dependant visa and the child can only apply for ILR once he/she completed 5 years in the visa category. Child cannot be registered as British if born before any of the parents had ILR. Absolute nonsense. HO call centre is well known for giving out wrong advice but often it is also the way people ask the questions. Child DOES NOT need a PBS dep visa or ILR to register as British once EITHER parent is granted ILR. This ONLY applies to babies born WITHIN the UK and NOT to children born outside the UK.

I am a bit confused now. CR001, Can you please let me know where did you get the info about baby eligible to be registered as British once the parent gets ILR? It is contained in the British Nationality Act which is a LAW.

Is it is possible to register a child as British Citizen once one parent gets their ILR? I would really like to know the procedure.

Looking forward to your reply. Thank you very much.
Suggest start your own topic with your questions rather than tagging onto another member thread as it does create confusion when members respond.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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