Does a newborn need to be present in UK to get ILR?

[Faar23]

Hello everyone,
My husband has ILR right now and he is eligible to apply for his British passport in October. My daughter (3 years old) and I don't have ILR because we haven't been here for 5 years yet. We are both on tier 2 dependant visa at the moment.

I am pregnant with my second baby who is due in july. I have been told that because her father is settled then she will also get ILR and a passport too in October with her father.

My question is does the baby have to be present at the citizenship ceremony? I was thinking of going to Canada a month or 2 after she is born. I am from Canada and hold its citizenship and because of that both my girls will automatically get Canadian citizenship too (3 year old already has). Can I apply for the new baby's UK passport from Canada?

[secret.simon]

I have been told that because her father is settled then she will also get ILR and a passport too in October with her father.

Where was your elder daughter born?

Children born abroad have their UK immigration status in line with their less-privileged parent. Your second baby (and elder daughter, if she was also born abroad) will be on the same visa as you and will need to get ILR with you before registering as a British citizen.

If your second baby is born in the UK, s/he would be born a British citizen as one parent already has ILR.

[Faar23]

Where was your elder daughter born?

Children born abroad have their UK immigration status in line with their less-privileged parent. Your second baby (and elder daughter, if she was also born abroad) will be on the same visa as you and will need to get ILR with you before registering as a British citizen.

If your second baby is born in the UK, s/he would be born a British citizen as one parent already has ILR.

My eldest was born abroad that's why she is not on ILR with her father but this new one will be born here in UK. Would she get UK citizenship because she was born here or would she be ILR holder like her father? Meaning when she is born should I apply for her British citizenship or ILR? Because her dad is on ILR and I am on general tier 2 dependant visa. Would she still be a British citizen even if neither parent is? Just becayse she is born here. I mean her dad is settled but he doesn't have the UK passport.

[secret.simon]

My eldest was born abroad that's why she is not on ILR with her father

As the eldest was born abroad, she will need to be on the same visa as you (Tier 2 dependent) and should apply for ILR with you. After she and you have got ILR, she can be registered as a British citizen.

this new one will be born here in UK.

If the newborn is born in the UK, they will be a British citizen at birth and you can apply for a British passport directly for them.

Would she still be a British citizen even if neither parent is? Just becayse she is born here. I mean her dad is settled but he doesn't have the UK passport.

She would be a British citizen at birth because she is born in the UK AND her father is settled in the UK at the time of her birth. Both conditions must be met for her to be a British citizen at birth.

[Faar23]

She would be a British citizen at birth because she is born in the UK AND her father is settled in the UK at the time of her birth. Both conditions must be met for her to be a British citizen at birth.

She will meet both tge requirements. Can I (tier 2 dependent holder) apply for her british passport from Canada after she is born in the UK? I mean she will be born in july in UK and I am thinking of taking her to Canada in September to visit her grandparents etc. Can I apply for her British passport from there or should I apply for it before I leave for Canada? Or should her father (ILR holder) apply for it from UK? Does she have to be present at the British embassy to apply/get her passport?

When her father gets his British citizenship, he has to attend a ceremony, does she also have to attend such a thing or is she exempt from it because she will be born here?

[CR001]

She will meet both tge requirements. Can I (tier 2 dependent holder) apply for her british passport from Canada after she is born in the UK? I mean she will be born in july in UK and I am thinking of taking her to Canada in September to visit her grandparents etc. Can I apply for her British passport from there or should I apply for it before I leave for Canada? Or should her father (ILR holder) apply for it from UK? Does she have to be present at the British embassy to apply/get her passport?

You can apply for a 1 week fast track British Passport after the childs birth within the UK.

When her father gets his British citizenship, he has to attend a ceremony, does she also have to attend such a thing or is she exempt from it because she will be born here?

If the child is born in the UK to a parent who holds ILR, the child is automatically British. This has nothing to do with a ceremony, besides which, only persons over 18 years of age attend ceremonies.

[Faar23]

You can apply for a 1 week fast track British Passport after the birth
If the child is born in the UK to a parent who holds ILR, the child is automatically British. This has nothing to do with a ceremony, besides which, only persons over 18 years of age attend ceremonies.

Ok, one last question, when my eldest was born I applied for her Canadian passport from UK. It was also fast track. They gave her a temporary 2 year validity canadian passport but on the terms that I will apply for her Canadian citizenship. I didnt apply for her canadian citizenship when she was born because I forgot. The only reason they gave it was because I am a Canadian citizen. I did apply for her citizenship afterwards but the paper came after 5 months. The passport however came in a couple weeks. I am wondering before I apply for the newborn 's British passport do I have to apply for her citizenship too? Because from what I remember there was a bit of issue with passport because she didn't have her Canadian citizenship paper. The only proof was me as her mom having Canadian citizenship.


Will the same rules apply for UK passport too? When the new baby is born should I apply for her UK citizenship before the passport? Because otherwise the only proof of her being a UK citizen would be her birth certificate and her father's ILR status.

[CR001]

I am wondering before I apply for the newborn 's British passport do I have to apply for her citizenship too?

NO!! The child will be automatically British Citizen.

When the new baby is born should I apply for her UK citizenship before the passport?

NO.

[Faar23]

NO!! The child will be automatically British citizen

Okay that's fine. So basically there is no citizenship ship card or paper in the UK for anyone? If you are a citizen you just get your passport? I guess the birth certificate is the proof yes?

How do you apply for a fast track UK passport? Is t by post or do you have to go in person ? And how long does it usually take?

[vinny]

Child’s UK birth certificate plus evidence of a parent’s ILR would be proof of citizenship.

[CR001]

Okay that's fine. So basically there is no citizenship ship card or paper in the UK for anyone?

Not for those who are automatically British. There are many different routes to Citizenship, none of which that provice a 'paper', are relevant to your circumstances. As vinny has stated, evidence of parents ILR and childs Birth certificate is proof.

How do you apply for a fast track UK passport? Is t by post or do you have to go in person ? And how long does it usually take?

https://www.gov.uk/get-a-child-passport