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uk born BABY hold non EU passport when apply IRL

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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youzidejia
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uk born BABY hold non EU passport when apply IRL

Post by youzidejia » Sun Jul 30, 2017 1:18 pm

hi guys,
i have a baby due in later this year, and i am the father of the baby that i will apply my 5year route ILR under tier 1E next year.
i do not want my baby to apply the uk passport whether or not my IRL will be approved next year. So i will need to help the baby to get a nonEU passport from our Embassy in the uk once the baby is born. of course, we have no plans for traveling before the baby get ILR.

My question is : whether the baby will be able to apply IRL with me during the my next application? or the baby need to apply IRL with my wife during her application of IRL as she entered uk a bit later than me(Have to achieve 5 year DPS dependant route).

thank you for all the replies in advance.

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zimba
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Re: uk born BABY hold non EU passport when apply IRL

Post by zimba » Sun Jul 30, 2017 8:53 pm

Baby can only get ILR if both parents are settled
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Obie
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Re: uk born BABY hold non EU passport when apply IRL

Post by Obie » Sun Jul 30, 2017 9:04 pm

If baby is born in the UK, he or she will be able to obtain ILR, even if the other parent is yet to acquire settled status.
Smooth seas do not make skilful sailors

secret.simon
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Re: uk born BABY hold non EU passport when apply IRL

Post by secret.simon » Sun Jul 30, 2017 11:08 pm

zimba88 wrote:Baby can only get ILR if both parents are settled
Obie wrote:If baby is born in the UK, he or she will be able to obtain ILR, even if the other parent is yet to acquire settled status.
Obie, would I be correct if I summarised it as follows?
Children born in the UK have immigration status in line with the more-privileged parent.
Children born abroad have immigration status in line with the less-privileged parent.

Also, for reference, an earlier post from Obie referencing the specific Immigration Rule that applied to children born in the UK.
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.

Obie
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Re: uk born BABY hold non EU passport when apply IRL

Post by Obie » Sun Jul 30, 2017 11:16 pm

That is correct Simon. You are very kind . I am most grateful for the citation.
Smooth seas do not make skilful sailors

youzidejia
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Re: uk born BABY hold non EU passport when apply IRL

Post by youzidejia » Mon Jul 31, 2017 12:39 am

secret.simon wrote:
zimba88 wrote:Baby can only get ILR if both parents are settled
Obie wrote:If baby is born in the UK, he or she will be able to obtain ILR, even if the other parent is yet to acquire settled status.
Obie, would I be correct if I summarised it as follows?
Children born in the UK have immigration status in line with the more-privileged parent.
Children born abroad have immigration status in line with the less-privileged parent.

Also, for reference, an earlier post from Obie referencing the specific Immigration Rule that applied to children born in the UK.
thank you very much for all valuable replies. study the link obie quote: https://www.gov.uk/guidance/immigration ... ly-members

thanks again

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