British Citizen Eligibility for Infant

[premebe555]

Hi,

My self and my wife will be eligible for ILR after a year.,Our baby due date is August 2017. So once our baby is born we will apply Tier 2 dependent visa for our baby.,

My Questions are,
1. Once we get our ILR (after a year)., Can we change our baby visa from Tier 2 dependent to British Citizen? (Our baby is going to born in India. My wife is in Tier 2 dependent visa)
2. If above question is not possible, then what visa we should apply for our child after we move to ILR?
3. Can we apply british passport for our child after we both get British Passport?

Thanks for our help!

Regards,
Prem

[CR001]

1. Once we get our ILR (after a year)., Can we change our baby visa from Tier 2 dependent to British Citizen? (Our baby is going to born in India. My wife is in Tier 2 dependent visa)

No. The child will follow the same route as the parents. Child will only be able to register as British once either parent gets ILR if the child is born in the UK.

2. If above question is not possible, then what visa we should apply for our child after we move to ILR?

You should be able to apply for ILR for the child with you and your wife.

3. Can we apply british passport for our child after we both get British Passport?

You have to apply to REGISTER the child as British before the child can get a passport. You can apply for citizenship for the child at the same time as you.

[premebe555]

Hi CR001 Moderator,

Thanks for your quick response,

I would like to clarify your answers pls.,

Q1: If my Child born outside UK, Our child will not be eligible to register as British when we switch to ILR?

Q2: My question was If we can not get British Passport for our child when we switch to ILR (because of the reason, our child born outside UK etc.,) Do we need to apply for FLR(M) for our child ? (or) we can apply directly ILR? 5 years not calculated here?

Q3: So there is no 5 years route for child to get British passport? When we apply for British passport, our child will be automatically eligible to get british passport?

Thanks for your help!

Regards,
Prem

[secret.simon]

See similar question.

Q2: My question was If we can not get British Passport for our child when we switch to ILR (because of the reason, our child born outside UK etc.,) Do we need to apply for FLR(M) for our child ? (or) we can apply directly ILR? 5 years not calculated here?

The UK immigraton status of child born abroad will be in line with that of the less-privileged parent and will get ILR with the second parent. No need to wait for five years though.

When we apply for British passport, our child will be automatically eligible to get british passport?

If born abroad before you get citizenship (not ILR), child will need to be registered and will not automatically get a British passport.

[Meesha]

For children born abroad, they can apply to register as british once both parents get ILRs.Or once one parent get british passport.
However if children born in Uk, they can register as british once one parent get ILR

[Meesha]

Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one
or more children who are not automatically British at birth, to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

[CR001]

For children born abroad, they can apply to register as british once both parents get ILRs.

Please don't give incorrect advice. This statement above is ONLY relevant to children born WITHIN the UK before a parent(s) got ILR.

Children born abroad are expected to hold ILR (be free from immigration time restrictions.

[secret.simon]

For children born abroad, they can apply to register as british once both parents get ILRs.Or once one parent get british passport.

Slightly incorrect. Modification highlighted in red.

For children born abroad, they can apply to register as british once both parents get ILRs AND once one parent get british passport.

As CR001 has mentioned, child born abroad is also expected to have ILR before registration.

[premebe555]

Good news! Our baby was born in July 2017 in India. So I am applying Tier 2 Dependent visa from India.

Sorry again the question is.,
My self and my wife both will apply for ILR in April 2019. So during that time, how can I apply for my baby ILR? because my baby not completed 5 years right so how my baby will be eligible to apply for ILR with us?

And when can I apply british passport for my baby?

Please advise me i am bit confused!

Thanks

[CR001]

My self and my wife both will apply for ILR in April 2019. So during that time, how can I apply for my baby ILR? because my baby not completed 5 years right so how my baby will be eligible to apply for ILR with us?

Child can apply same time as you. There is no minimum residence requirements for small children.

And when can I apply british passport for my baby?

Only when EITHER parent applies for citizenship or once EITHER parent is already British. You cannot apply just for a passport as the child is not British. You must register the child as British first.

[premebe555]

Child can apply same time as you. There is no minimum residence requirements for small children.

Thanks for your quick reply.,
1. Glad to know about this., Can you please tell me where I can find this info in gov uk website?
2. And what is this 7 years rule? Is this still in practice? (pls refer below link)

https://www.freemovement.org.uk/can-chi ... residence/


Thanks for your help and support!

[CR001]

2. Why are you aksing about a difficult visa route not relevant to your circumstances?