Child born in UK - Query on ILR/Citizenship without dependent visa

[octave009]

Hi All

I need some guidance from the Forum members to evaluate the status of my child born in UK

I came to UK on Tier 2 General visa in Oct 2015 with wife as dependent
ILR is due to be applied next month in Sep 2020 (continuous 5 year stay)
My kid kid was born in UK in Oct 2019 and we applied for the Indian passport in Jan 2020. Since we did not have any plans to go out of the country (also because of travel restrictions due to Covid 19) we did not apply for Tier 2 dependent visa for the child.

I understand that as soon as either of the parents have ILR, citizenship can be applied for the kid (we are applying for ILR next month)

Questions -
1)Is there any legal issue with the child's status until we get ILR

2)Can Home office question about kid's visa status when we go for citizenship later in which case we should apply Tier 2 dependent visa now (but that doesn't make much sense as we are just 1 month away from applying ILR)

3)Need guidance if we should go ahead with kid's ILR along with us next month or should it be fine to apply citizenship after parents receive ILR

4)Is Tier 2 dependent visa for child born in UK a pre-requisite for applying ILR/Citizenship

Your help and guidance is much appreciated , it will really help to get a direction

Thanks much

[CR001]

1)Is there any legal issue with the child's status until we get ILR

No. Note however that you were only entitled to 3 months free NHS for the child.

2)Can Home office question about kid's visa status when we go for citizenship later in which case we should apply Tier 2 dependent visa now (but that doesn't make much sense as we are just 1 month away from applying ILR)

No. A UK born child has an entitlement to register as British once EITHER parent is granted ilr. It cannot be refused. The child does not need a visa or a foreign passport to apply for citizenship.

3)Need guidance if we should go ahead with kid's ILR along with us next month or should it be fine to apply citizenship after parents receive ILR

No need for ilr for the child.

4)Is Tier 2 dependent visa for child born in UK a pre-requisite for applying ILR/Citizenship

No,not for citizenship.

Note that child will lose Indian citizenship when you register the child as British, so it was a waste to get an Indian passport.

[octave009]

Thank you so much for the quick response, very helpful
I just need to ask one question on the NHS entitlement for 3 months. I understand it better to have a private insurance to be on a safer side but does local GP also comes under NHS entitlement? (or its about when someone needs to be admitted in hospital etc)

Kind Regards