Queries about British citizenship

[viraam]

Hello everyone,

My wife has got ILR based on Tier1 on 18th July 2011. She is expecting and the baby is due in May 2012. I have following doubts about the visa of my baby.
1) Due to some family issues, we are planning to have baby in India. If the baby is born in India, what visa the new born will get when we apply for his/her visa for entry clearance in India?

2) If baby is born here in UK, then will he/she get british citizenship as mother has got ILR or will it be again dependent of ILR?

3)If we plan to have baby in India, due to airlines restrictions about flying limit for pregnant women, most probably she might have to travel two months before and she cant be back at least 1 month after the birth. So there are very much chances of her absences from UK to exceed more than 3 months. Is there any exemption for maternity in applying for citizenship?

Many thanks for your advice.

[John]

You have told us what visa your wife has, but what visa do you have?

Do appreciate that if the baby is born in the UK, he/she will be a British Citizen from the moment of birth. That fact will save you about £1000 in visa fee and fee for registering the child as British.

[viraam]

Hi John,
Thanks for your reply. I recently moved to UK just 1 year before. I have Tier2 so I did not mention anything about my visa as I thought visa of mother will be enough for the baby.

So if mother has ILR and the baby is born here then he will automatically get british citizenship? And we do not need to take headache of registering him etc.

[vinny]

So if mother has ILR and the baby is born here then he will automatically get british citizenship? And we do not need to take headache of registering him etc.

Yes.

[John]

I recently moved to UK just 1 year before. I have Tier2 so I did not mention anything about my visa as I thought visa of mother will be enough for the baby.

OK, but your visa status does have an impact upon the visa that would be issued ..... if the baby is born outside the UK. That is, you will apply for a Child Settlement visa, and that will be issued with the same expiry date as your visa.

Born in the UK ... I concur with Vinny.

[viraam]

Hi Vinni and John,

If we have our baby in India, can we directly apply for his/her British citizenship from India (as mother has got ILR)? Or first we will have to get child settlement visa (or dependent of ILR) from India and then register the baby here as british citizen?

John, I could not get you well, does it mean that if we apply for baby's visa from India then will it be dependent on father's visa (Tier 2) instead of getting citizenship or ILR (according to mother's visa)

[Jambo]

Hi Vinni and John,

If we have our baby in India, can we directly apply for his/her British citizenship from India (as mother has got ILR)? Or first we will have to get child settlement visa (or dependent of ILR) from India and then register the baby here as british citizen?

Only if baby is born in the UK to ILR parent, he is British from birth. If born abroad, baby could only be registered as British Citizen when the parent applies for citizenship. Baby born abroad to ILR parent will need to apply for settlement visa.

[viraam]

Thanks Jambo. By settlement visa, do you mean the dependent of ILR?

[John]

viraam, you are using wrong terminology, as I said before, if the baby is born outside the UK then it is a Child Settlement Visa that would be applied for.

Such visas are issued when at least one parent is "settled" in the UK, for example, they are a British Citizen, or have ILR or PR.

If the baby is born outside the UK :-

1. apply for a Child Settlement visa, then near the end of that
2. apply in the UK for ILR, then
3. no earlier than when one or both parents is applying for Naturalisation, apply for Registration of the child as a British Citizen

Whereas if the child is born in the UK, none of 1, 2 or 3 are necessary and the baby will be a British Citizen from the moment of birth.