British citizenship for children born in the UK before parents are granted ILR

[Arathi13]

Hello board members,

I have gone through the previous threads on the subject but not able to fully resolve my queries which are specific to my situation.

Can you please provide your expert guidance on the following queries relating to the ILR application for me and wife, and British Citizenship application process for children born in the UK.

Case:
Me and my wife: Both of us are Indians and living in the UK (starting June 2014) on a Tier 2 - General and Tier 2 - General PBS dependent, respectively. Both of us were granted visas on the same date and entered the UK on the same date.

First child: born in the UK in July 2016 and living with us on a Tier 2 - General PBS dependent visa.

Second child: expected in December 2018.

Other details:
Visa category:
I am on a Tier 2 - General PBS; and
Wife and first child are on Tier 2 - General PBS dependent visa

Initial visa start date: 27 May 2014 (3 years validity)

First entry date: 26 Jun 2014

Visa Extension (BRP) valid from: 7 March 2017 (all three of us)

Visa Extension (BRP) expiry date: 14 May 2020 (all three of us)

Queries:

1/ Are we both (I and wife) eligible to apply for the Indefinite Leave to Remain on 28 days before 27 May 2019 (Initial visa validity start date) or 27 June 2019 (first entry date)? What will be the reference (start) date for a 5 year qualifying period for the ILR application - Does it start from the initial visa validity start date or first entry date?

2/ Do I need to obtain the ILR for the first child (together with us) or can my first child continue to live in the UK on the Tier 2 - General PBS dependent visa until the expiry date (i.e. 14 May 2020) and then directly apply for the British citizenship after both me and wife obtain the ILR?

3/ In the case of second child, who will be a UK born (expected in December 2018), I believe the three months NHS fees grace period from the date of birth will be over before any of us are eligible for the ILR application:

a) Do I have to first apply for a Tier 2 - General PBS dependent visa within the 3 month period of the birth date (i.e. around Mar- Apr 19)? Can we skip this step before we apply for an ILR or a British citizenship?

b) In case we obtain a Tier-2 PBS dependent visa for the second child - can we directly apply for the British citizenship for our second child (i.e. direct status change from a Tier 2 PBS dependent visa to a British citizen), after both me and wife obtain our ILR (assuming application in May/Jun19)?

Please do let me know in case you need any further details.

[CR001]

1. Within 28 days before initial visa start date yes.

2. UK born children DO NOT need ILR if you plan on registering them as British on form MN1. You can apply to register the child as soon as either parent is granted ILR.

3a) No. If the child is born in the UK, you can skip visa and ILR and register child as British on form MN1 once either parent is granted ILR.

3b. Yes, see 3a and 2 above, but only if the child is UK born.

[Arathi13]

1. Within 28 days before initial visa start date yes.

2. UK born children DO NOT need ILR if you plan on registering them as British on form MN1. You can apply to register the child as soon as either parent is granted ILR.

3a) No. If the child is born in the UK, you can skip visa and ILR and register child as British on form MN1 once either parent is granted ILR.

3b. Yes, see 3a and 2 above, but only if the child is UK born.

Thanks for a quick response.

On 3 (a) - There will be a 5-6 month period between the second child is born and me & wife get our ILR processed and we apply through MN1 - Will there be a problem later ? as the second child would be living in the UK without paying for the NHS fee for more than 3 months period (since the birth) ?

[CR001]

Will there be a problem later ?

No.

[Arathi13]

Will there be a problem later ?

No.

Thanks CR001

Just to summarise what i understood:

First child's visa status won't be affected in case I change to ILR status. Therefore, they can continue to live in the UK on tier-2 PBS dependent visa and then we can directly apply for their British Citizenship through MN1 as soon as I get my ILR.

Second child: I have a question - do I need to report the birth to Indian consulate (Indian citizenship) and then get an Indian passport before we apply for their British Citizenship through MN1 or they can live here just by applying for Indian citizenship but no passport no Tier 2 PBS dependent VISA?

[CR001]

First child's visa status won't be affected in case I change to ILR status. Therefore, they can continue to live in the UK on tier-2 PBS dependent visa and then we can directly apply for their British Citizenship through MN1 as soon as I get my ILR.

No it won't and yes they can and yes you can.

Second child: I have a question - do I need to report the birth to Indian consulate (Indian citizenship) and then get an Indian passport before we apply for their British Citizenship through MN1 or they can live here just by applying for Indian citizenship but no passport no Tier 2 PBS dependent VISA?

It is up to you if you register the child with the Indian authorities. It is not mandatory for UK born children to be able to register as British but it might be required if you wish to apply for OCI later on. A UK born child DOES NOT need a foreign passport to apply for British citizenship.