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Getting leave to remain for a newborn

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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mrcbrnrd
Newly Registered
Posts: 1
Joined: Mon May 07, 2018 4:46 pm
Philippines

Getting leave to remain for a newborn

Post by mrcbrnrd » Mon May 07, 2018 4:53 pm

Hello.

I'll be giving birth within the year. My partner is stationed in Europe and is a US Citizen, whilst I have leave to remain in the UK under a Tier 2 work visa, with a Philippine Passport. Ive only been in the UK for a year. If I give birth in Europe (Italy) and my newborn will have a US passport, where should I apply for leave to remain for my child? I understand the LR must applied for in the country of residence of the applicant.

Do I need to apply for LR before bringing my newborn back to the UK with me or will a passport suffice? Planning to stay in Italy for 2months after giving birth.

Thanks.

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

Re: Getting leave to remain for a newborn

Post by vinny » Tue May 08, 2018 2:21 am

Child will be applying for entry clearance, not leave to remain, from outside the UK. If child enters the UK with just a passport as a visitor, then child also cannot apply for leave to remain because 319H.(h)(i)(a) fails.

Moreover, if partner is stationed in Europe, then how will child satisfy 319H(f)?
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