child will be born in UK afte rmother ILR & mother's citizen

[libixin]

Hi Everyone

My situation: I have obtained ILR in May 2012 after 5 years of HSMP but I have left UK in Oct 2012 for home country until August this year, during which I came back for a short period from time to time (but I was absent more than 450 days during this nearly 3 years break). I have two children with UK passport because my ex-partner are British. Now I am expecting the third child born in the UK with my non-british husband. I have two questions:
1. Will my third child be qualified for ILR automatically? Or even British passport as of I read in some other forums? When they consider the application for my child, will they take into account the fact that I am on child tax credits and working credits as using public fund? ( I am not on any other benefits). And what application form should I use?

2. Regarding myself, when will I be qualified for British citizen? If I understand correctly, I will have to stay here for another 5 years without absence of more than 450 days before I am qualified, so as to meet the residency requirement?

Thank you very much!

[secret.simon]

Are you already back in the UK?

Typically, ILR lapses if you have been away for more than two years. Short visits do not count for the purposes of maintaining ILR. ILR means that you are settled in the UK i.e. that the "centre of your life" is in the UK.

Check your passport and make sure that the Immigration Officer did not stamp you in with a visitor or limited leave visa, which would automatically invalidate your ILR.

If you still have ILR, any children born to you within the UK would automatically be British citizens. You can apply directly for their passport with the form that is available at most Post Offices.

Assuming that you have retained ILR, a gradation regarding the amount of time you must be in the UK to qualify for naturalisation is available on Pages 7-9 of the Booklet AN. So, for instance, if you have been absent for more than 730 days (about two years), you need to have been resident for atleast 8 years in the UK before applying for citizenship.

[libixin]

Dear Secret Simon

Thank you so much for your quick reply. I am released that at least my third child can obtain British passport straightaway after born.
For myself, I am already in the UK now and fortunately everytime I entered UK previously, I got a stamp as Residence permit so I would assume my ILR is still valid. I have ready through the section you refer which is very helpful:
1. I first came to UK in May 2007 as HSMP which has led to my ILR in May 2012. I assume the 8 years residency period should start since 2007 and I should be able to meet the requirement in 2015 still given my below two points are valid?
2. During the 3 years break from the UK, I have came back on three ocassions for 3 weeks, 2 weeks and 2 weeks but my absence will be 940 days roughly. Among which I can get get proof from my previous employer that I have been relocated for work for 6 months, if that helps to take 6 months off from my absence?
3. I have established my connection in the UK that, I have owned a property here and my two kids are British citizen. Would this help to disregard my absence too as exception?

Many thanks again!

[secret.simon]

1. I first came to UK in May 2007 as HSMP which has led to my ILR in May 2012. I assume the 8 years residency period should start since 2007 and I should be able to meet the requirement in 2015 still given my below two points are valid?
2. During the 3 years break from the UK, I have came back on three occasions for 3 weeks, 2 weeks and 2 weeks but my absence will be 940 days roughly. Among which I can get get proof from my previous employer that I have been relocated for work for 6 months, if that helps to take 6 months off from my absence?
3. I have established my connection in the UK that, I have owned a property here and my two kids are British citizen. Would this help to disregard my absence too as exception?

1. Booklet AN also states that absences of more than 900 days are rarely disregarded and that such applications would rarely succeed.

2. Was the relation for work absolutely unavoidable, such as a merchant seaman? if not, such absence likely would not be discounted i.e. it would be counted as an absence (see Page 8 of that document).

3. No. Your connection with the UK is what got you your ILR. That does not disregard your absence.

I would suggest waiting for five years from 2013 with no absences at all (not even within the EU) in the meanwhile before you apply for naturalisation. That would bring your absences under the 900 days of absolute refusal.

[haiksuresh]

Dear Secret Simon

Thank you so much for your quick reply. I am released that at least my third child can obtain British passport straightaway after born.
For myself, I am already in the UK now and fortunately everytime I entered UK previously, I got a stamp as Residence permit so I would assume my ILR is still valid. I have ready through the section you refer which is very helpful:
1. I first came to UK in May 2007 as HSMP which has led to my ILR in May 2012. I assume the 8 years residency period should start since 2007 and I should be able to meet the requirement in 2015 still given my below two points are valid?
2. During the 3 years break from the UK, I have came back on three ocassions for 3 weeks, 2 weeks and 2 weeks but my absence will be 940 days roughly. Among which I can get get proof from my previous employer that I have been relocated for work for 6 months, if that helps to take 6 months off from my absence?
3. I have established my connection in the UK that, I have owned a property here and my two kids are British citizen. Would this help to disregard my absence too as exception?

Many thanks again!

Hi libixin,
while entering to UK, every time you enterd via heathrow airport london or you entered via different channel.
Just i was curious because, lot forums people asked same question like after ILR if some one away more than an year, immigration staff will not allow. So your answers will help others.

Regards,
Suresh

[libixin]

Hi Suresh
I entered through London Heathrow airport everytime and my first break was one year and four months. The immigration control staff did ask me some routine questions But I had have no problem getting through custom.

Hope this helps.