child born in the UK

[JL]

I applied for ILR a couple of weeks before my WP expired end Oct 09. I was granted ILR mid Jan 10. My child was born mid Dec 09 in the UK.

Q1. Was my child born a British citizen?
Q2. If not, could my ILR be backdated to start before my child was born?

Chapter 8 Section 4A of the IMMIGRATION DIRECTORATES' INSTRUCTIONS dated Nov 09
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
states that

"This section relates to children born in the United Kingdom on or after 1 January 1983 who are not British citizens because, at the time of their birth, neither of their parents was a British citizen or settled here. Such children do not have the right of abode and are subject to immigration control. They are not here unlawfully, however, and are not required to apply for leave to remain
(see ANNEX P, paragraph 11 if further guidance is required on this point).

Paragraphs 305 to 308 of HC 395 make provision for such children, or their
parents on their behalf, to apply for their position to be regularised by the
granting of leave to remain or, if they leave the United Kingdom and
subsequently return, leave to enter.

...

2. LEAVE TO ENTER OR REMAIN AS THE CHILD OF A PARENT OR PARENTS GIVEN LEAVE TO ENTER OR REMAIN IN THE UNITED KINGDOM
The requirements to be met by a child seeking leave to enter or remain in this capacity are set out in Paragraph 305 in Part 8 of HC 395 and must be referred to when reading the following advice.
2.1. Key points
The immigration officer or caseworker needs to be satisfied that:
the child is accompanying, joining, or remaining with a parent who has, or is being granted, leave to enter or remain, is a British citizen or who has the right of abode; or
parental responsibility for the child rests solely with a local authority; and
the child is under 18, unmarried, is not in a civil partnership and has not been leading an independent life.

...

2.3. Granting leave to enter or remain
Where all the requirements of Paragraph 305 are met:
* A child should be granted limited leave to enter or remain on Code 1, in line with parents who have or are being granted limited leave. Where each parent has or is given leave for a different period, the child may be given leave in line with that granted to whichever parent has the longer period (which may be indefinite leave). If the parents are living apart, however, the child should be given leave in line with the parent who has day to day responsibility for him (see ANNEX P).
...
* A child may be granted indefinite leave to enter or remain if at least one of his parents has been or is being granted indefinite leave, if either parent is a British citizen or has the right of abode, or if the parental rights and duties of the child have been permanently vested in a local authority.

2.4. INDECS - leave to enter
...
For indefinite leave to enter:
SCO child under 18 granted indefinite leave.
...
2.5. INDECS - leave to remain
C1 extension - child UK born but not a British citizen
3AA indefinite leave to remain - child UK born but not a British citizen"

Q3. Does this mean that instead of applying for settlement or registration as a British citizen for my child while here in the UK, I can take my child overseas on holiday, and when i return to the UK, the immigration officer at the airport is able to allow my child back into the UK if i provide evidence then that Paragraph 305 is met?
Q4. if this is possible, will there be a fee payable?
Q5. Will i need to get entry clearance for my child while overseas before we return?

Q6. if it is not possible for my child to get leave to enter at the airport on return to the UK, and I choose to apply for naturalisation for myself, and registration as a British citizen for my child under a family application, will the fee of £836 for naturalisation cover both myself and my child, or will i also need to pay an additional fee of £540 for registration of my child?

Many thanks.

[vinny]

Q1. No.
Q2. No.
Q3. No, if child is a visa national.
Q4. Don't know.
Q5. Yes, if child is a visa national without leave.
Q6. Adult apply for naturalisation and child apply for registration.

[JL]

Thanks very much Vinny. My little girl is a non-visa national.

Q1. So does this mean that as a non-visa national, when we return from overseas, the immigration officer at the airport is able to allow my child back into the UK if i provide evidence that Paragraph 305 is met?
And we can do this without the need for entry clearance for my child?

Q2. if so, would this be ILR for my little girl as I have ILR? or will this be leave limited to 6 months as this is from an immigration officer at airport rather than the IND?

Q3. If not, then i might apply for naturalisation for myself and registration for my child. Form AN refers to family applications. In a family application, do i have to pay seperate fees of £836 for naturalisation and £540 for registration? or is there one fee that covers the whole family app?

many thanks

[vinny]

Q1. I don't know. In the past, Immigration officers may grant ILE to qualified people, such as returning residents with new passports. However, apparently now they may not have the wherewithal to do this.

Q2. I don't know. You should ask a Chief Immigration Officer at the airport before leaving the UK. Get reply in writing.

Q3. Probably best to get citizenship(s) and British passport(s). See also costs.