Birth in UK

[dwaipayan]

Hi ,
We (me and my wife) came to UK in June2006 on a Work Permit. We are both Indian nationals and our work permit is valid till June 2008 . My wife was pregnant before she came here and we are going to have the baby ! in end Jan . Can you please tell us , whether I can apply for a British passport for my baby or will it be an Indian passport .

Also on our passport it is written that no recourse to public funds . Can we apply for Child Tax Credit and Working Tax Credit and Child Bebifits . We are both working and pay a significant amount of tax here.

Thanks. Would really appreciate a prompt answer.

[JAJ]

Hi ,
We (me and my wife) came to UK in June2006 on a Work Permit. We are both Indian nationals and our work permit is valid till June 2008 . My wife was pregnant before she came here and we are going to have the baby ! in end Jan . Can you please tell us , whether I can apply for a British passport for my baby or will it be an Indian passport .

Indian passport. No British passport because neither of you have Indefinite Leave to Remain (ILR).

If you get ILR then the child can (if still aged under 18) be registered immediately as a British citizen. Or if child lives in the UK until age 10, he or she can be registered as British independent of immigration status.

Can't help with your other questions.

[CJMan]

Hey.

No you can not claim ANY mony from the Gov. I am in the same situation, u can not claim housing, tax ben, child ben, etc. you have to pay tax and all the other stuff but you can not claim ANY halp from the gov.

Thanx

[John]

No you can not claim ANY mony from the Gov.

That is not true! It is a common misconception that "Public Funds" includes ANY type of benefit paid by the UK Government. Whereas the truth of it is that the definition of Public Funds in para 6 of the Immigration Rules is much more limited.

For example, for dwaipayan, whilst no ability to claim Child Benefit or Tax Credits (until ILR held), there is no problem at all claiming benefits related to the actual pregnancy. For example those pregnant or who have given birth in the previous 12 months are entitled to free NHS prescriptions and free NHS dentistry .... absolutely no problem whatsoever taking advantage of that and getting and using the exemption card.

And the definition of Public Funds does not preclude use of the NHS or sending children to state schools.

[CJMan]

Yea sorry. that is true. I actually ment the tax stuff, child ben, etc. Thanx for the clarification.

[dwaipayan]

Well , I had called the child benefit office today and they said you can apply and put in the fact tha you are under immigration control . And put in special requests that your chhild is being born here and you are paying significant ammount of tax
so i thought may be i will put in my application ? what do you all say

[olisun]

Well , I had called the child benefit office today and they said you can apply and put in the fact tha you are under immigration control . And put in special requests that your chhild is being born here and you are paying significant ammount of tax
so i thought may be i will put in my application ? what do you all say

I am not sure if the CB office has given you the right info.

Who knows they might be wanting people to make mistakes so that they fail the ILR requirements... It's easier to deny anything that has been said on the phone. Ask them to send the clarification in writing...

Ask yourself, do you really want to take a chance and jeopardise your ILR application in the future?

Also check this thread

http://www.immigrationboards.com/viewtopic.php?t=12691

[LondonBlonde]

dwaipayan, I believe olisun is right.

I also called the child benifit help line about a year ago and was told that we will not qualify for tax credits and child benefit until at least one parent has ILR. Our child was also born in the UK.

Not sure why you were told otherwise.

LondonBlonde

[John]

dwaipayan, I concur with the opinions already expressed. You are not permitted to claim Child Benefit, nor Tax Credits, until at least one of the parents has ILR. I make this statement in the knowledge of the Indian nationality of both parents of the child.

LondonBlonde, what is the nationality of you and your spouse?

[LondonBlonde]

We're from Seattle. Home of grunge rock, endless rain and a Starbucks on every corner. Yes, even more rain than britain.

John - you are also from the states?

LondonBlonde

[JAJ]

dwaipayan, I believe olisun is right.

I also called the child benifit help line about a year ago and was told that we will not qualify for tax credits and child benefit until at least one parent has ILR. Our child was also born in the UK.

And bear in mind that once a parent has ILR, a UK born child can immediately be registered as a British citizen. No need to wait for the parents to become naturalised.

[LondonBlonde]

dwaipayan - meant to say, congratulations on your soon-to-be-born baby.

LondonBlonde

[tech]

Hi London Blonde

Why would you want to live in England rather in living in US especially Seattle.( Great place to Live) ?

[LondonBlonde]

LOL - I do miss it over there. Although London is a fantastic city. I'm not exactly sure why we moved - I blame it on my wife when people ask. We plan to see it through to dual citizenship before deciding to move again.

LondonBlonde