Child Born in UK and has FLR visa - Parents on FLR

[Hazfasaj]

Hi,

There are posts which explains that if the child is born in the UK where a parent obtains British citizenship or indefinite leave to remain (ILR) after the child is born, need apply under Section 3(1) on MN1 form for his/her British Citizenship but wasn't sure what to do if your child is also under immigration rules i.e. has a visa on his/her passport.

In my case my husband and I are currently on Tier 1 (General) and will apply for ILR in October 2011. Our child has an Indian passport and has a FLR visa (as we are travelling outside UK) and this is only valid till our visa end date i.e. Oct 2011.

Will we be able to apply for our child's british citizenship once we have our (me and husband) ILR stamped in Oct 2011?? Main concern is because the FLR visa for on our child's Indian passport is only valid till Oct 2011. Does it matter?? i.e. will the child need to get an ILR with us to avoid being illegal??

Regards,
Hazfasaj

[vinny]

See also child born in UK.

[vinny]

However, if parents' ILR fails, then child who hasn't made an application may be an overstayer with no rights of appeal.

[Hazfasaj]

Vinny - Thanks for your response. Much appreciated.