Child born in UK to Parent on Tier-1 VISA

[buchade_p]

Hi,
I have couple of Questions hopefully will fetch attention of one of the expert.
We have been blessed with twins in Sep 2012 & both (Me & My Wife) holding Indian Passport & will be eligible for ILR in Nov 2013. Neither of us is planning to travel outside the country until we get the ILR.

1. Do I need to apply for INDIAN Passport for new born? Is it mandatory?
2. I assume new born don't need VISA since they born in UK until they travel out of the country, is that correct?
3. When I go for ILR, do I need to include new born in the ILR application? Or I can directly register them for British Passport once my ILR is granted?
4. Under which application form I should apply for British Passport of new born, in case I have to apply after my ILR granted? What sort of Fees I should be looking for?
5. In case new born travel to INDIA (along with dependant) and I apply for ILR in UK; can New born apply for British Passport in INDIA? (May be its senseless question but worth consulting)


Cheers,
Pankaj

[geriatrix]

1. Not until the child wishes to travel overseas.
2. A UK born child doesn't need any leave to stay in UK.

For answers to the rest of the questions, see Citizenship FAQs - Common Questions - Read before posting.

[buchade_p]

Thank you very much sushdmehata!

I understood from the FAQ that, the child born in UK can register for BC even if he is abroad(away from UK). Can they apply for BC directly from abroad (INDIA) soon after I granted ILR in UK.

I am just trying to avoid applying for VISA & again paying for BC in few months. Can you please confirm?

>>>
UK born

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.

If the child was born in the UK after one parent has ILR/PR, then the child is British from birth and can apply directly for a passport.

[geriatrix]

Currently, yes. But do note that the process is time consuming (4-6 months).
And, you'll need to complete the follow-on steps to enable the child to travel to UK without a UK visa (e.g. - British passport or certificate of entitlement to right of abode in a foreign passport) .. which will take more time.