Out of UK in ILR

[ghostcrawler]

Hi,

My wife have ILR expiring in Dec 2024, she got pregnant in Dec 2022 while in India and she did not travel back since then due to high risk pregnancy. Probably she will be delivering the baby in India due to her health.

What are the consequences for her to travel back after the delivery, what will happen to her ILR status, will we have to do anything for her visa requirement to enter UK again in Oct or Nov 2023?

Also does my child will also be eligible for ILR, what are the requirements for my child to enter UK?

Thank you so much for reply.

[alterhase58]

I expect you mean the BRP card is expiring, ILR doesn't expire ("indefinite" - it's not a visa), but may be lost if away from the UK for two years or more. On return your wife just presents the BRP card. The baby needs a passport and probably a visa to enter the UK .... others should be able to advise what is required in detail.

[Amber]

If you are British otherwise than by descent eg naturalised when/if your child is born abroad then your child is British by descent and can apply for a British passport. You would need to establish that eg marriage certificate, your naturalisation certificate and child’s birth certificate amongst any other required documents. If your child is born in the UK then your child will be British otherwise than by descent where either parent has settled status or is British. If your child is born abroad and you’re not British otherwise than by descent then your child can apply for a settlement visa as a child of whom both parents are settled or if you are British by descent and your child is born abroad then your child may be able to register as British.

[ghostcrawler]

thanks for youre reply.

Me and my wife both are on ILR settlement visa and looking at the time it is taking for naturalisation, not sure if I will get the citizenship before birth of my baby in Sept. So for child settlement visa, is that same as dependant visa? I you can guide on this and explain more on this would be helpful.

[Amber]

See - https://visas-immigration.service.gov.u ... -selection

Select English > A British citizen, settled in the UK or in the UK for another reason > type Country > Non-British child of a parent, parents or relative who are British citizens or settled in the UK

[ghostcrawler]

Thank you

Just one last question - how long can my wife stay in India if she is habing ILR? If she is not able to come to UK within 6 months from when she left UK (Jan 2023) due to pregnancy then what happens? I read somewhere that in ILR you can be out of UK for 6 months but doesnt mention what happens if you stay longer?

[Ticktack]

Thank you

Just one last question - how long can my wife stay in India if she is habing ILR? If she is not able to come to UK within 6 months from when she left UK (Jan 2023) due to pregnancy then what happens? I read somewhere that in ILR you can be out of UK for 6 months but doesnt mention what happens if you stay longer?

Your indefinite leave will lapse if you stay outside the UK for 2 or more years (5 or more, if granted settled status under the EU Settlement Scheme) at a time.

[ghostcrawler]

Thanks, how about one year? nothing gets affected?

[alterhase58]

Thanks, how about one year? nothing gets affected?

No.

[ghostcrawler]

thank you all very much

[Ticktack]

Thanks, how about one year? nothing gets affected?

If she plans on applying for British Citizenship, that could get affected. But I guess that's a matter for another day.

[ghostcrawler]

she has already spent 8 years and more than just 1 year after she got ILR, so still it will get affected?

[AmazonianX]

she has already spent 8 years and more than just 1 year after she got ILR, so still it will get affected?

Yes, British naturalisation and citizenship is not an immigration matter and has its own rules, requirements and process.

[alterhase58]

she has already spent 8 years and more than just 1 year after she got ILR, so still it will get affected?

Naturalisation is a voluntary application, it's the same whether you just been here 5 years or 50 years. It only gets impacted by the absence alowances which are much stricter than immigration rules. But one can work at that by waiting a bit longer ....

[ghostcrawler]

ok understood, thank you all for helping out