ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Baby born outside uk.. Mother has an ILR

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

Locked
sarahshamsi
Newly Registered
Posts: 9
Joined: Fri Jan 12, 2018 3:36 am
Pakistan

Baby born outside uk.. Mother has an ILR

Post by sarahshamsi » Fri Jan 12, 2018 4:19 am

Hi I would be a mother of a baby born outside uk.. I have an ILR since I was a child as my Parents had ILR. I am not living in the uk just maintaing my ilr.
My question is would be child get ILR on my behalf?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Baby born outside uk.. Mother has an ILR

Post by vinny » Fri Jan 12, 2018 4:50 am

There are little or no advantages for a child born aboard to an ILR holder parent. All the UK Immigration advantages come from such a child being born in the UK.

Moreover, be careful. They may may cancel your ILR on entry, if you are settled outside the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sarahshamsi
Newly Registered
Posts: 9
Joined: Fri Jan 12, 2018 3:36 am
Pakistan

Re: Baby born outside uk.. Mother has an ILR

Post by sarahshamsi » Sun Apr 29, 2018 12:31 pm

Vinny I do understand that there are little or no advantages but since I am planning to move back after my baby, whats the best way?
And why would they cancel my visa if Im planning to move back

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: Baby born outside uk.. Mother has an ILR

Post by secret.simon » Sun Apr 29, 2018 12:45 pm

sarahshamsi wrote:
Sun Apr 29, 2018 12:31 pm
Vinny I do understand that there are little or no advantages but since I am planning to move back after my baby, whats the best way?
Is the father moving with you back to the UK? What visa is he on?

Keep in mind that ILR is not inheritable.
sarahshamsi wrote:
Sun Apr 29, 2018 12:31 pm
And why would they cancel my visa if Im planning to move back
Did you read the links that Vinny has put in his post?

ILR lapses automatically if you have lived outside the UK for more than two years. How long have you resided outside the UK?

Also see this post.
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.

sarahshamsi
Newly Registered
Posts: 9
Joined: Fri Jan 12, 2018 3:36 am
Pakistan

Re: Baby born outside uk.. Mother has an ILR

Post by sarahshamsi » Sun Apr 29, 2018 4:24 pm

Last I was in UK was July.. We have been maintaining our ILR according to the law (you have to be in UK within 2 years) due to some family reasons we couldnt move to UK at that time

My husband, the father of the baby doesnt have an ILR nor British citizenship. He won't be moving with me for now as he has work and commitments here.

sarahshamsi
Newly Registered
Posts: 9
Joined: Fri Jan 12, 2018 3:36 am
Pakistan

Re: Baby born outside uk.. Mother has an ILR

Post by sarahshamsi » Sun Apr 29, 2018 4:30 pm

Me and my brother were born outside of UK too, both my parents had ILR my father applied for ours from Pakistan as we planned to move there and we were given one too

So I'm in a similar situation now, since I plan to move back I need my baby to have the same visa status as mine, i can not ofcourse leave the baby here, so what are my options now

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: Baby born outside uk.. Mother has an ILR

Post by secret.simon » Sun Apr 29, 2018 4:41 pm

sarahshamsi wrote:
Sun Apr 29, 2018 4:30 pm
Me and my brother were born outside of UK too, both my parents had ILR my father applied for ours from Pakistan as we planned to move there and we were given one too

So I'm in a similar situation now, since I plan to move back I need my baby to have the same visa status as mine, i can not ofcourse leave the baby here, so what are my options now
The laws have changed a lot and become much stricter, especially in the last ten years. You will almost certainly not be able to pass on your ILR status to your child.

When and for how long did you last reside in the UK? What is the UK Immigration status of the father?
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.

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Baby born outside uk.. Mother has an ILR

Post by Casa » Sun Apr 29, 2018 4:52 pm

Also bear in mind that although you may not have remained outside of the UK for a continuous period of 2 years, brief visits back will not necessarily retain your ILR. You could be refused entry if you have been visiting for short periods in order to break the 2 year absence. You are expected to be able to show that you have retained strong ties and for example, retained a residence in the UK :idea:

How frequently have you been visiting and how long have you stayed each time?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sarahshamsi
Newly Registered
Posts: 9
Joined: Fri Jan 12, 2018 3:36 am
Pakistan

Re: Baby born outside uk.. Mother has an ILR

Post by sarahshamsi » Sun Apr 29, 2018 6:37 pm

I mentioned above, my husband has no connection with the UK.. No ILR no citizenship

User avatar
CR001
Moderator
Posts: 88118
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Baby born outside uk.. Mother has an ILR

Post by CR001 » Sun Apr 29, 2018 6:42 pm

When was the last time you actually lived in the UK (not visiting)?

This has been asked more than once already.

What ties to the UK do you have (property, family etc)?
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.

sarahshamsi
Newly Registered
Posts: 9
Joined: Fri Jan 12, 2018 3:36 am
Pakistan

Re: Baby born outside uk.. Mother has an ILR

Post by sarahshamsi » Sun Apr 29, 2018 6:50 pm

Unfortunately I have just been visiting UK for several years because of family responsibilities back in my home country

When long back we lived there, we did not buy any property as we lived in hospital accomodations

My father has booked a property now, which is under construction

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: Baby born outside uk.. Mother has an ILR

Post by secret.simon » Sun Apr 29, 2018 7:59 pm

When was the last time you entered the UK and how long did you stay for? Did the Immigration Officer say anything to you about your visa?

Are you sure that you were not registered as a British citizen by your parents?

What does the endorsement in your passport state? Does it say "Indefinite Leave to Remain" or does it say "Right of Abode"?
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.

sarahshamsi
Newly Registered
Posts: 9
Joined: Fri Jan 12, 2018 3:36 am
Pakistan

ILR for baby

Post by sarahshamsi » Fri Feb 22, 2019 6:59 pm

Hi
I am currently in Pakistan and I have a valid indefinite leave to remain for the UK. My baby was born in Pakistan in September 2018, she is 5 months old
I intend to move back to UK in a couple of months but my husband would be living in Pakistan due to his job contract and parental responsbilities.
I want to take my child to UK with me too. What form should I fill up for her?

Would appreciate some help
Thanks

Locked