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Child Born in the UK before ILR application

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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skhosseini
Newly Registered
Posts: 1
Joined: Mon Jun 05, 2017 6:27 pm

Child Born in the UK before ILR application

Post by skhosseini » Tue Jun 06, 2017 3:24 pm

Hi
I need a professional advice as I have made the following inquiries to several immigration solicitors and I received different responses.
I am a non-EU citizen who has been living and working in the UK for the past 4 years and 10 months. I have Tier 2 visa. My wife and my 3 years old daughter who was born in the UK have Tier 2 dependent visa and their visa are valid until Nov. 2018.
My second baby will be born in early July 2017 just one month before the earliest time I can make ILR application.

Here are my question:
1) Do I need to apply ILR for my daughter or can I just wait until I receive my ILR and then register her directly without making ILR application for her?
2) For the new-born baby, do I have to apply Tier 2 dependent visa upon birth in July 2017 or similar to my first child can I wait until I receive ILR and then undertake registration process for him/her?

Thank you for your time

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child Born in the UK before ILR application

Post by secret.simon » Tue Jun 06, 2017 3:27 pm

skhosseini wrote:1) Do I need to apply ILR for my daughter or can I just wait until I receive my ILR and then register her directly without making ILR application for her?
2) For the new-born baby, do I have to apply Tier 2 dependent visa upon birth in July 2017 or similar to my first child can I wait until I receive ILR and then undertake registration process for him/her?
Both children can be registered directly as British citizens when you get ILR as they were born in the UK. No need for either Tier 2 or ILR for the younger child provided s/he is no travelling aboard before s/he is issued a British passport.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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