Eligibilty of Ilr for Uk born baby for Tier 2 general ( main applicant ) due for ilr processing

[Aruninfo]

Dear immigration consultant ,

Here is my case details. I am on tier 2 general ( main applicant ) who is due for Ilr in the next month Nov 2017. I am thinking of using premium processing for my ilr application. I got married last year 2016 and my wife came to Uk as PBS dependant visa valid till Nov 2018(which is inline with my current tier 2 visa period ). I had a baby born recently on Aug 2017 at Uk for whom I have applied Indian passport. I am planning to apply for brp for my baby . Now here I got my questions

(1) when I apply for IlR , will my baby also become eligible to apply for Ilr since he is born at Uk ? Please remember my wife cannot apply for Ilr together with me since she has not completed the 5 year qualifying period. In such cases will my uk born baby become eligible for Ilr ?, since I am due for Ilr ?

(2) in case if my wife and baby return to India in December 2017, will my baby can apply for Ilr from India from UkBA Indian consultative offices ?

(3) After I get my Ilr from Tier 2 visa (5 year period) , should my wife also switch her visa category to reflect my new Ilr visa status ? Will her her current PBS dependent visa category valid till Nov 2018 will allow her to gain entry into Uk from India after my visa status becomes Permanent.

Please clarify my above questions , I can be more detailed if needed.

[CR001]

1. If you apply for a visa for the baby then the baby will likely follow the route of the mother. Are you not planning to register the child as British??

2. ILR can only be applied for within the UK.

3. No, she can continue as a PBS Dependent until she qualifies for ILR.

[Aruninfo]

Thanks to Answers to my above questions. It really helps. Kindfully appreciate that.

With regard to your answer to question 1 . I have already registered the Birth of the baby at UK city council registrars and have got full certificate.
So when I get ILR in NOV 2017, can I go ahead and register the UK born baby for British Passport directly instead of applying for BRP? Or Can I apply for British passport even though when my baby has got an Indian Passport recently ? I presume it also means I cannot travel abroad(India) with my baby while his British passport application is in progress. Just to clarify , during the time of baby birth in UK, the main applicant(father) was still on tier 2 general visa. Only after few months of baby birth father becomes due for ILR in Nov 2017.

[CR001]

I answered your questions as you asked about ILR for the baby. If you wanted to register the child as British, you should have stated that and citizenship questions should be posted in the British citizenship sub forum further down the main page.

• can I go ahead and register the UK born baby for British Passport directly instead of applying for BRP?

You need to register the child as British before they can get a British passport. Your child DOES NOT need a 'BRP', visa or ILR to do this.

Or Can I apply for British passport even though when my baby has got an Indian Passport recently ?

Not sure why you believe having an Indian passport is an issue to register the child as British. It makes no difference and the child will lose their Indian citizenship once British citizenship is granted.

I presume it also means I cannot travel abroad(India) with my baby while his British passport application is in progress.

The child can leave the UK, but will be unable to re-enter the UK without a visa if the child does not yet have a British passport which is only issued AFTER you have registered the child as British on form MN1.

[Aruninfo]

Thanks a lot, it reallu=y helps.
Will post such questions at right forum. Thanks for advise Once again.