Visa for baby born overseas and days dependant can leave the

[Irakli]

Hello All,

Your help is much appreciated.

I'm on Tier 2 Sponsorship visa living with my wife in the UK since 2011 (they don't count my full-time work on Post Study Work Visa otherwise I would be now eligible for ILR, anyway...) my wife is now pregnant and she is planing to give birth in our home country (overseas, hence visa). My 3 questions are following:

1) Is it straightforward process for my newborn baby to get dependant visa? How would my newborn baby get visa, would this happen through usual dependant application in my home country by applying in UK embassy?

2) Can my wife, as a dependant, leave UK for more than 90 days so that she does not have problems when applying for ILR (when they count days)? I heard this rule applies to main applicants only ie to myself. Can my wife leave the UK, for instance, for 6 consecutive months then return to the UK and, when it is time, apply for ILR?

3) Also, I heard that my grandchildren will have to go through same immigration process as I am now because my child (their parent) will be born outside of the UK, is this true?

your help is much appreciated
Many thanks
Noe

[CR001]

1) Is it straightforward process for my newborn baby to get dependant visa? How would my newborn baby get visa, would this happen through usual dependant application in my home country by applying in UK embassy?

Apply through the normal channels in home country for a dependent visa.

2) Can my wife, as a dependant, leave UK for more than 90 days so that she does not have problems when applying for ILR (when they count days)? I heard this rule applies to main applicants only ie to myself. Can my wife leave the UK, for instance, for 6 consecutive months then return to the UK and, when it is time, apply for ILR?

The absence rules for PBS dependents changed recently and now any absence of 180 days or more breaks continuity of residence. She must return before 180 days to avoid have her clock set to zero.

3) Also, I heard that my grandchildren will have to go through same immigration process as I am now because my child (their parent) will be born outside of the UK, is this true?

If your child is born within the UK, once you get ILR child is entitled to register as BC. If child born abroad but returns on dependent visa and then gets ILR, child can register as BC when parents do. Either route any child born to your child anywhere in the world will be BC by descent automatically.

What you are referring to is children born abroad to a British citizen. It has nothing to do with your current visa status.

[secret.simon]

3) Also, I heard that my grandchildren will have to go through same immigration process as I am now because my child (their parent) will be born outside of the UK, is this true?

Partially correct.

The general principle is that British citizenship can be transmitted only one generation abroad. British citizens by descent (typically British citizens not born in the UK) can not transmit their British citizenship to their children born abroad automatically.

14 Meaning of British citizen (by descent).
(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—

• (c) he is a British citizen by virtue of registration under section 3(1) and either—
  • (i)his father or mother was a British citizen at the time of the birth; or
    (ii)his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death;

A child born abroad and subsequently registered as a British citizen (such as your child) would be a British citizen by descent themselves.

British citizens by descent can not transmit British citizenship to their children automatically unless they (your grandchildren) are born in the UK. Your grandchildren born abroad can be registered as British citizens if their parents (your children) have lived for atleast three years in the UK. But in their turn, they would be British citizens by descent and suffer the same handicap.

There was a recent case of several generations of a family being born abroad and the current paterfamilia trying to get documentation sorted for his children born abroad. It can get really messy over time.

It will also get very expensive.

If your child is born in the UK, the child is entitled to register as a British citizen as soon as one parent gets ILR. The child does not need to have ILR him/herself.

If your child is born abroad, the child's UK immigration status will be in line with the less-privileged parent (i.e. one who does not have ILR). S/he can only apply for registration after both parents and the child have ILR and one parent is applying for British citizenship as well. ILR costs about £1875 now. I wonder how much it would be when the child (and the child only becomes eligible with the second parent, so two fees) is eligible, given that the fees have gone from £1075 to £1875 between 2014 and 2016.

So, in short, a child born abroad will be disadvantaged not only in terms of being unable to pass British citizenship on to their children, it will also be a much more costly immigration journey for the parents involved.

Note to mods: This thread may be better placed in the Family migration forum.

[CR001]

3) Also, I heard that my grandchildren will have to go through same immigration process as I am now because my child (their parent) will be born outside of the UK, is this true?

Partially correct.

The general principle is that British citizenship can be transmitted only one generation abroad.

14 Meaning of British citizen (by descent).
(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—

• (c) he is a British citizen by virtue of registration under section 3(1) and either—
  • (i)his father or mother was a British citizen at the time of the birth; or
    (ii)his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death;

A child born abroad and subsequently registered as a British citizen (such as your child) would be a British citizen by descent themselves.

British citizens by descent can not transmit British citizenship to their children automatically unless they (your grandchildren) are born in the UK. Your grandchildren born abroad can be registered as British citizens if their parents (your children) have lived for atleast three years in the UK. But in their turn, they would be British citizens by descent and suffer the same handicap.

There was a recent case of several generations of a family being born abroad and the current paterfamilia trying to get documentation sorted for his children born abroad. It can get really messy over time.

It will also get very expensive.

If your child is born in the UK, the child is entitled to register as a British citizen as soon as one parent gets ILR. The child does not need to have ILR him/herself.

If your child is born abroad, the child's UK immigration status will be in line with the less-privileged parent (i.e. one who does not have ILR). S/he can only apply for registration after both parents and the child have ILR and one parent is applying for British citizenship as well. ILR costs about £1875 now. I wonder how much it would be when the child (and the child only becomes eligible with the second parent, so two fees) is eligible, given that the fees have gone from £1075 to £1875 between 2014 and 2016.

So, in short, a child born abroad will be disadvantaged not only in terms of being unable to pass British citizenship on to their children, it will also be a much more costly immigration journey for the parents involved.

OP does not have ILR and is still a Tier 2 G visa holder so child will follow the same route as parents anyway and whether registered as 1(3) or 3(1) will be British otherwise than descent.

[secret.simon]

OP does not have ILR and is still a Tier 2 G visa holder so child will follow the same route as parents anyway and whether registered as 1(3) or 3(1) will be British otherwise than descent.

My point is precisely that if the OP chooses to have the child born abroad and then registers the child as a British citizen under Section 3(1) (after his family get ILR), the child will be a British citizen by descent and will not be able to pass on their British citizenship to their children born abroad.

A child born to the OP in the UK will of course be a British citizen otherwise than by descent after registration under Section 1(3).

[CR001]

A registration under section 3(1) is also British otherwise than descent.

See 9.1.9 in link below,
https://www.gov.uk/government/uploads/s ... 150402.pdf

[secret.simon]

Mea culpa. You are quite correct. I misread 9.1.8.

A child born to a parent who was not a British citizen at the time of birth and subsequently registered as a British citizen is a British citizen otherwise than by descent and can pass on their British citizenship to one generation born abroad.

[CR001]

Mea culpa. You are quite correct. I misread 9.1.8.

A child born to a parent who was not a British citizen at the time of birth and subsequently registered as a British citizen is a British citizen otherwise than by descent and can pass on their British citizenship to one generation born abroad.

As I always say to Casa, have a cup of tea

[Irakli]

Many thanks for your time! Dont know why I didnot get notification when you replied

[Irakli]

3) Also, I heard that my grandchildren will have to go through same immigration process as I am now because my child (their parent) will be born outside of the UK, is this true?

Partially correct.

The general principle is that British citizenship can be transmitted only one generation abroad. British citizens by descent (typically British citizens not born in the UK) can not transmit their British citizenship to their children born abroad automatically.

14 Meaning of British citizen (by descent).
(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—

• (c) he is a British citizen by virtue of registration under section 3(1) and either—
  • (i)his father or mother was a British citizen at the time of the birth; or
    (ii)his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death;

A child born abroad and subsequently registered as a British citizen (such as your child) would be a British citizen by descent themselves.

British citizens by descent can not transmit British citizenship to their children automatically unless they (your grandchildren) are born in the UK. Your grandchildren born abroad can be registered as British citizens if their parents (your children) have lived for atleast three years in the UK. But in their turn, they would be British citizens by descent and suffer the same handicap.

There was a recent case of several generations of a family being born abroad and the current paterfamilia trying to get documentation sorted for his children born abroad. It can get really messy over time.

It will also get very expensive.

If your child is born in the UK, the child is entitled to register as a British citizen as soon as one parent gets ILR. The child does not need to have ILR him/herself.

If your child is born abroad, the child's UK immigration status will be in line with the less-privileged parent (i.e. one who does not have ILR). S/he can only apply for registration after both parents and the child have ILR and one parent is applying for British citizenship as well. ILR costs about £1875 now. I wonder how much it would be when the child (and the child only becomes eligible with the second parent, so two fees) is eligible, given that the fees have gone from £1075 to £1875 between 2014 and 2016.

So, in short, a child born abroad will be disadvantaged not only in terms of being unable to pass British citizenship on to their children, it will also be a much more costly immigration journey for the parents involved.

Note to mods: This thread may be better placed in the Family migration forum.

For some reason I did not get notification, many thanks for detailedreply
reply!