Child born in UK or Abroad & likely affects on BC in future

[Usmanm501]

Husband Tier 2 due to get ILR in December 2017.
Wife Tier 2 dependant visa until December 2017 and then further extension.

We currently have a decision to make whether to have our first baby born in UK or abroad (Pakistan). I have read the FAQs regarding entitlement to register as BC when any parent gets an ILR. Discretion to be exercised by HO if the child is born abroad.

The question is if the child is born outside UK then would i need to obtain a dependant visa from Pakistan first which will be issued in line with my leave to remain until december 2017? Once i get ILR, can i then Apply for child registration as HO discretion? If refused what will be my options?

[CR001]

A child born abroad is expected to hold ILR before they qualify for citizenship and will only qualify if apply with or after at least one parent is applying for or has received British citizenship.

If you apply to register a child born abroad without ILR, you will likely receive a refusal and by that time, the child will have no valid leave to remain in the UK.

It will be easier if the aim is BC for the child, to have the child in the UK.

[noajthan]

@Usmanm501,
kindly refrain from posting multiple copies of question across the forum.

Multiple posts

[secret.simon]

A child born abroad is expected to hold ILR before they qualify for citizenship and will only qualify if apply with or after at least one parent is applying for or has received British citizenship.

I would say it is tougher than that even now.

Registration of children born abroad is at the Home Office's discretion. Currently, the policy that they adopt is that children born overseas have the same status as the less-privileged parent and is eligible for registration as a British citizen when the second parent naturalises. But this is only a policy of the Home Office and can become tougher overnight.

By contrast, children born in the UK have an entitlement in law to register once either (one) parent gets ILR. That is obviously a much easier standard to meet.

So, if you definitely want the child to be a British citizen, you would want it to be born in the UK.

[CR001]

A child born abroad is expected to hold ILR before they qualify for citizenship and will only qualify if apply with or after at least one parent is applying for or has received British citizenship.

I would say it is tougher than that even now.

Registration of children born abroad is at the Home Office's discretion. Currently, the policy that they adopt is that children born overseas have the same status as the less-privileged parent and is eligible for registration as a British citizen when the second parent naturalises. But this is only a policy of the Home Office and can become tougher overnight.

By contrast, children born in the UK have an entitlement in law to register once either (one) parent gets ILR. That is obviously a much easier standard to meet.

So, if you definitely want the child to be a British citizen, you would want it to be born in the UK.

The requirement is that one of the parents must be naturalising or be British and the other parent must hold settled status.

[shahid2000]

I had the same situation few years ago and in the end I decided to have our baby born here in the UK. Although at times I questioned my decision during the pregnancy because we had no family here to support us and it was just too hard to cope with everything but now I am content I made the right choice. It made the whole visa/immigration process much much easier and straight forward afterwards. By the time I got ILR my son was 2-3 years old and he simply simply registerd and got the citizenship in a matter of 4 weeks without needing to apply for ILR. I would strongly recommend you have the baby in the UK but it's your decision eventaually.

In contrast I know someone who decided to have the baby abroad (in Pak) but later ran into all sorts of problems around getting visa for the baby. I don't remember the exact details but it was something like wife got the visa to come back but baby's visa was refused. The guy was well settled here doing a decent job (doctor) and no problems with affordability.

[ohara]

Personally I would have the child in the country I intended to spend my future in.

However, for cultural reasons or whatever, a lot of people prefer to have their children born in their homeland rather than the country they live in.