ILR and Tier 1 Dependent Child - British Citizen or ILR

[imaheshbabu]

Circumstances

Myself : Permanent resident since Feb 2015
Wife : Tier 1 Dependent since May 2013

We are expecting baby by end of this year. I am hearing different views from people whether my baby gets British passport by birth or have to apply for ILR.

Please let me know what would happen.

Thanks
Mahesh

[secret.simon]

Myself : Permanent resident since Feb 2015

Do you have PR under the EEA Regulations or ILR under the Immigration Rules? They are different routes.

whether my baby gets British passport by birth or have to apply for ILR.

British passport if the baby is born in the UK.
Family of a settled person visa if born outside the UK. Visa will be in line with the mother, so the baby will get ILR when the mother gets it and citizenship likewise.

[imaheshbabu]

Thanks for the reply.

I have ILR under the Immigration Rules.

[secret.simon]

British passport if the baby is born in the UK.Family of a settled person visa if born outside the UK. Visa will be in line with the mother, so the baby will get ILR when the mother gets it and citizenship likewise.

This advice stands.

[imaheshbabu]

thank you.

[CR001]

Family of a settled person visa if born outside the UK. Visa will be in line with the mother, so the baby will get ILR when the mother gets it and citizenship likewise.

Child born abroad will likely get a Tier 1 dependent visa in line with the mother current visa status if the visa is still valid when she wants to return to the UK.

[geriatrix]

Agree with Char001.

If mother has PBS dependant leave taht will remain extant upon her return to UK, then the born-abroad child should not apply for entry clearance as "child of settled person" but as a "PBS dependant".