ILR Refused...Baby born in UK

[Aju2016]

Hi All.

I need some advise on my situation.

My ILR got refused in March 2016 due to Tax issue and currently I am under process of amending my tax return and thinking about applying for ILR again in Jan-Feb 2017 my Tier 1 is valid till March 2018.

I am expecting baby born here in UK next by month so I understand I can't apply for UK citizenship for baby.

So am I need to follow below process ? or there other way for it ?
Apply for Baby's Indian citizenship
Apply for Indian passport
Apply for Baby' dependent visa
And apply for ILR

One of My friend told me not to apply for baby's passport or visa just apply for Indian citizenship and once I get ILR apply with MN1 form.
And also I am not planning to visit anywhere outside UK soon.


Please advise me how to go about it. So that I can start preparing.

Thanks
Aju

[CR001]

Child does not need a visa and can register as British once (if) you are granted ILR. If you want to travel, child will need a visa. Child DOES NOT need ILR to register as British. Child also does not need a foreign passport to register as British.

If you are not granted ILR, then you can't register the child.

[Aju2016]

Child does not need a visa and can register as British once (if) you are granted ILR. If you want to travel, child will need a visa. Child DOES NOT need ILR to register as British. Child also does not need a foreign passport to register as British.

If you are not granted ILR, then you can't register the child.

Hi CR001,

Thanks for your reply, so what I need to do once child is born, am I need to apply for child's citizenship and passport for my home country or until I gets ILR what will be status of child ? as My child will born next month and I am expecting ILR hopefully by Jan - Feb 2017.


Am I dont need to apply for child's TiG dependent visa ? I am really confused here.

[CR001]

You can apply for an Indian passport if you wish. You could even apply for a visa for the child, it is your choice. A UK born child is entitled to register as British once a parent is granted ILR, the child does not need valid leave to remain or a foreign passport.

Child won't have a status but will not be 'illegal'. IF you are granted ILR (HO can refuse you again for tax discrepancies), then the child will still have no status and can't register as British.

[devi2211]

hi,

I had a baby when I was on tier1 gen visa, as soon as my baby was born I have applied for Indian passport and applied the dependent visa as well, because I had a travel plan.

It is depending on your situation, if you are sure that, you will not be travelling until you get ILR, then you no need to anything, but never know how the circumstances.
In case in an emergency if you need to travel along with your baby you just need your Indian passport(better to have )and no need visa(dependent visa), you can apply that dependent visa even from India to come back.

[Aju2016]

hi,

I had a baby when I was on tier1 gen visa, as soon as my baby was born I have applied for Indian passport and applied the dependent visa as well, because I had a travel plan.

It is depending on your situation, if you are sure that, you will not be travelling until you get ILR, then you no need to anything, but never know how the circumstances.
In case in an emergency if you need to travel along with your baby you just need your Indian passport(better to have )and no need visa(dependent visa), you can apply that dependent visa even from India to come back.

Hi devi2211,

Thanks for explanation, I defenitely do not have any plans to travel until I get ILR (Jan- Feb 2017) So I will not applying for baby's passport or visa so that I can concentrate only on my ILR at the moment.

Thanks
Aju