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Difference between Child born in UK vs Child born outside of 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

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alimista15
Junior Member
Posts: 66
Joined: Sat May 30, 2015 7:53 am

Difference between Child born in UK vs Child born outside of UK

Post by alimista15 » Mon Feb 12, 2018 6:31 am

I had been reading this guide,

indefinite-leave-to-remain/faqs-for-ilr ... 99638.html

I am confused between below answers,

Q33 - Does my UK-born child qualify for british citizenship?
Child born in UK before either parent is granted settlement: There is no requirement for a non-travelling UK-born-child to be included in the settlement application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.

Q38 - My child applied for PBS dependant leave for the first time on / after 09-Jul-12 and my partner is not applying for settlement with me. Can I include the child as a dependant in my settlement application?
No, the child will have to wait until your partner becomes eligible for settlement, to be included in your partner's settlement application as a dependant (319J(e)(iv)).


My Question

- I am on Tier 2 General as Principal with my wife and 2 year old child as dependents
- I will apply for ILR in June 2018 bases on Tier 2 (G)
- My wife need another year and so to apply for ILR
- Child was born in UK but we needed to travel so he got visa as well which will expire in 2019

Now based on Q33 and Q38, does my child need to wait till my wife get ILR too ?

Also another child is coming, if child is born outside UK, can still become british citizen ?

Thank you so much in advance

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

Re: Difference between Child born in UK vs Child born outside of UK

Post by vinny » Mon Feb 12, 2018 8:19 am

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.

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