New born dependant

[krssubbu]

Hello,

I am confused with a few visa queries. Could someone please help me

I am on a Tier 1 visa and wife is on dependant visa of mine. We have to apply for ILR in Feb 2012. My wife is pregnant. jus have few queries regarding visa

1. if we decide to have our baby in the UK , does our baby get a UK passport automatically? if not whats the procedure to get the passport?

2. if we decide to have our baby in India, then what will be the procedure for our child to travel back to the UK. my wife will leave next month and after birth she will return back in Jan 2012. She will still have visa valid (valid until Feb 2012) so i guess she wont have any problems returning back to UK. but for my child what do i do? do i need to take an indian passport and dependant visa and convert to ILR when i am applying for my ILR? or can my child and wife apply for ILR in India after Feb (after i get my ILR)? is this process difficult ?

Thnaks

[krssubbu]

sorry for posting in the wrong section..thanks for moving this..could someone please help me with your comments?

Thanks

[geriatrix]

1. Child born in UK before either parent has settled status is not British citizen at birth. But will be entitled to British citizenship after either parent is granted settlement.

2. The child will be your dependant, just as your spouse is. After birth of child, apply for passport and then apply for entry clearance as dependant of Tier 1 (General) migrant. Registration of born-abroad child as British citizen is subject to discretion (not entitlement) and such an application cannot be made before either parent applies for / is granted citizenship.

See also Guidance - Tier 1 (General) Dependent application

[krssubbu]

Thanks for the reply sushdmetha

Just have 1 more query as well. I understand child born outside uk is not entitled to acuqire Brithish citizenship. but will ie be able to apply for my childs and wife ILR outside UK after i obtain citizenship in the UK

also i beleive my wife also needs to take the Life in the UK test before ILR? is there any pre requisites for her to write this site (like min time spent ?) - she will be near to 2 years at the time of ILR. and what will be the case for my child?

[geriatrix]

ILR or any form of "leave to remain" can only be applied for from within the UK. If overseas, dependants (spouse / child) of a settled person / British citizen need to apply for settlement visa.

[krssubbu]

Thanks again susdmehta

I have gone through the link and understand that overseas visitors can join and will be given 2 years visa initially and then ILR. if me and my wife were to apply for ILR in the UK itself, is there any restriction like this. My wife is in the UK with me since 1 year and 3 months but will be near to 2 years at the time of me applying for ILR.

also do you know the cost for MN1 form and charge for applying british passpoort for my child?

in your opinion do you think giving birth in the UK or India is better in terms for visa processing ? (level of difficulty and visa fees)

Thanks

[krssubbu]

any views on the above?

Thanks

[geriatrix]

Please be patient when seeking assistance on a public forum. If in a hurry, you may wish to hire a solicitor / advisor.

1. See 319E.
2. Search this forum.
3. If an applicant meets the specified requirements, leave to enter / remain (visa) will be issued - irrespective of where the application is submitted.

If you wish that your child be entitled to British citizenship (with discretion playing no part in the process) and that the child gets the opportunity to become a British citizen earlier than you become eligible for it, then consider child birth in UK.

[krssubbu]

thanks susdmetha..sorry didnt mean to hurry up was just anxious

once thanks for all your time and reply

[vinny]

There are advantages, if child is born in the UK.