Child born in UK and Parent ILR due in 8 months

[Abhavs]

Hi,

I need advice for my newborn's visa\citizenship.

He was born on 24th Feb 2018 in Oxford. I am from India and living in UK from last 4 years on tier 2 general visa. My ILR is due in Jan 2019 and wife's ILR in Jan2020. I understand if at least one of the parents obtains ILR than we can directly register our son as a British citizens.

Can I wait for my ILR and than register him directly as a British citizen or do I still need to apply for his Indian passport and Tier 2 dependent visa for remaining 8 months in my ILR ?

I have read somewhere that the application for registration has to be made as it is important that the applicant meets the criteria of the Nationality Act and in particular the 'Good Character' requirement and not sure if it could be a reason later for the UKVI to believe that the child resided in the UK without a legal status and reject the application.


Hence kindly suggest if I should apply for his Indian passport before my ILR or not?

[secret.simon]

do I still need to apply for his Indian passport and Tier 2 dependent visa for remaining 8 months in my ILR ?

No.

the applicant meets the criteria of the Nationality Act and in particular the 'Good Character' requirement

The Good Character requirement does not apply to children younger than 10 years old and in any case, children born in the UK have an entitlement to register as a British citizen (i.e. good character requirements do not apply to them).

Also, if the child has never left and re-entered the UK, the child cannot have broken any immigration laws because it was never subject to the immigration laws anyway.

[peacock69]

You do need to apply for the child’s Indian nationality. A stateless child has to wait for five years before they can apply for citizenship via registration.

The Tier 2 Dependant visa is only needed if you intend to take the child abroad prior to you getting your ILR.

Do note, a child you has not yet acquired British citizenship and does not hold a Tier 2 Dependant visa, is only entitled to free NHS treatment until they are 3 months old. Beyond this you will have to either go private or will need to seek out medical insurance.

[CR001]

You do need to apply for the child’s Indian nationality. A stateless child has to wait for five years before they can apply for citizenship via registration.

The Tier 2 Dependant visa is only needed if you intend to take the child abroad prior to you getting your ILR.

Do note, a child you has not yet acquired British citizenship and does not hold a Tier 2 Dependant visa, is only entitled to free NHS treatment until they are 3 months old. Beyond this you will have to either go private or will need to seek out medical insurance.

You are wrong. A UK Born child does NOT require a foreign passport to register as British. It is an entitlement to register. There is no rule that states they must wait for 5 years first. This only applies if the parents also have no legal status in the UK,

[Abhavs]

Hi,

Thank you for the information provided in the past. I have received my ILR and have below doubts while filling the MN1 application for my child.

1) Explain why you are unable to provide either a valid national identity card or a travel document. - Can I say that a child born in the UK and not traveled outside the UK.

2) Have you lived at your current address for 5 years? - I am not sure if say Yes as he born last year and in living in the same address and if to say No, then it asks me for the old address.

I will be grateful if someone can help, please.

Thanks
Anubhav

[Abhavs]

Hi All,

Would really appreciate if someone went through a similar situation as mine & can help to clear above queries on filling the MN1 form.

Looking to do this at the earliest possible.

Thanks

[CR001]

1. Should be fine.

2. For each click yes. It won't be an issue.

[Abhavs]

Thank you @CR001.