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Visa Application for Baby born in UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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agesteven
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Visa Application for Baby born in UK

Post by agesteven » Mon Feb 27, 2012 3:30 pm

A little different enquiry about above subject.....

I have a child born June 2009.

My current leave to remain expires July 2012 (submitted this application before the child was born in June 2009).

Need to renew for another 2yrs and then spend only 9months before applying for my ILR.

My question: Do I need to include the baby on my next renewal by July 2012, knowing fully well that he qualifies automatically for RED PASSPORT as soon as I get my ILR by April 2013?

Personally, I think I don't need to include the child with my renewal application (though I will ensure that the maintenance fund covers him as well) as there is no reason whatsoever that can make the child to travel out of UK before April 2013.

Thanks for your advice.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Feb 29, 2012 2:51 am

You're almost correct.

After you're granted ILR, Red (British?) passport will not be automatic. Registration will be required, prior to British passport application.
Last edited by vinny on Wed Feb 29, 2012 3:14 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

esmsi
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Post by esmsi » Wed Feb 29, 2012 3:09 am

http://www.immigrationboards.com/viewto ... highlight=

You and me the same situation.

I got 3 years tier1 visa in July 2009 with my wife .My baby born July 2010 .

my tier 1 extention in July 2012 .

I have a plan to apply ILR in 10 years rule in September 2013

pgaitonde
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Post by pgaitonde » Wed Feb 29, 2012 8:53 am

vinny wrote:You're almost correct.

After you're granted ILR, Red (British?) passport will not be automatic. Registration will be required, prior to British passport application.
Is this true, that when parents apply for ILR and get an ILR the child gets a british passport immediately. The child doesn't has to wait for 11 months before applying for the naturalisation. Also does the child has to go through the naturalisation procedure or no need of it. Can you please clarify this, vinny?

vinny
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Post by vinny » Wed Feb 29, 2012 10:37 am

I was referring to children born in the UK prior to at least one parent being granted ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pgaitonde
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Joined: Sun Jan 24, 2010 8:09 pm

Post by pgaitonde » Wed Feb 29, 2012 10:40 am

vinny wrote:I was referring to children born in the UK prior to at least one parent being granted ILR.
But section 1(3) of the legislation act 1981 states the below:

http://www.legislation.gov.uk/ukpga/1981/61/section/1

(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b)an application is made for his registration as a British citizen.

So if the parents apply for an ILR, get an ILR, then the child can get a British Citizen by registration.

Can anyone confirm whether my understanding is correct?

agesteven
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Post by agesteven » Wed Feb 29, 2012 10:53 am

Thanks Vinny for the clarification.

Regards

vinny
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Post by vinny » Wed Feb 29, 2012 10:54 am

pgaitonde wrote:So if the parents apply for an ILR, get an ILR, then the child can get a British Citizen by registration.
Yes. That is correct.
pgaitonde wrote:when parents apply for ILR and get an ILR the child gets a british passport immediately.
A registration application is different from a passport application.
Last edited by vinny on Wed Feb 29, 2012 11:00 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pgaitonde
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Post by pgaitonde » Wed Feb 29, 2012 10:59 am

vinny wrote:
pgaitonde wrote:So if the parents apply for an ILR, get an ILR, then the child can get a British Citizen by registration.
Yes. That is correct. However, a registration application is different from a passport application.
Can you provide me with the link for the registration form, if you know?

vinny
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Post by vinny » Wed Feb 29, 2012 11:02 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pgaitonde
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Posts: 332
Joined: Sun Jan 24, 2010 8:09 pm

Post by pgaitonde » Wed Feb 29, 2012 11:05 am

vinny wrote:MN1.
Thanks Vinny

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