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ILR/Citizenship to child born outside/inside UK

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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twcbbr
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Joined: Sat Nov 14, 2015 1:44 pm

ILR/Citizenship to child born outside/inside UK

Post by twcbbr » Mon Nov 27, 2017 12:24 pm

Hi All,

I am on tier2 general visa and will be eligible for ILR after 2 years. My wife came to UK 6months before only. She has 4.5 years more for ILR.My newborn is due in april 2018. I want to know whether there is any difference for him in terms of ILR/citizenship for him if he is born in India/UK so that I can plan his birth? As far as I know these are the rules:
1.If child is born in India to tier 2 parents. He is eligible for ILR when both parents has ILR. In this case I need to wait for 4.5 years to get ILR for him. is this correct?
2. If the child is born in UK, then he will be eligible for citizenship after I receive ILR which will be after 2 years. is this correct?

Thanks in advance

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CR001
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Re: ILR/Citizenship to child born outside/inside UK

Post by CR001 » Mon Nov 27, 2017 12:27 pm

1. He will need a PBS Dependent to return to the UK and will qualify for ILR when the mother does.

2. Yes, once you obtain ILR, you can register the child as British on from MN1 under section 1(3) of the nationality act, which is an entitlement to Register. Current cost is £973.
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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