Applying ILR for new born!!

[ginger.garlic]

Dear All,

Most important thanks a lot for all the help I keep getting from this forum. Wonderful work!!

Recently I got my Tier1(til Dec 2014) extended and by the time I received it I got eligible for ILR.

I am soon going to enter parenting world and we are expecting our first baby in June this year.

We are planing delivery in UK but not intrested in British passport for our baby for now. After going through lots of threads in this forum we concluded that if any of the parent have ILR then by default baby get british citizenship and we can not apply ILR for baby.

My queries are
1. Is my understanding correct as stated above?
2. If we delay our ILR till baby arrival and then apply for ILR can I directly include my baby as ILR dependant?
3. I am from India(No dual citizenship), If we apply ILR now and register our baby with Indian embassy and go to India. Could I apply ILR for my baby from there?

Your advise and suggestion will be greatly appreciated.

Thanks a lot

[vinny]

If you are granted ILR before baby's birth in the UK, then baby may apply for a Certificate of Entitlement to the Right of Abode instead of a British passport.

[ginger.garlic]

If you are granted ILR before baby's birth in the UK, then baby may apply for a Certificate of Entitlement to the Right of Abode instead of a British passport.

Hi Vinny,

Thanks for your reply.

I have gone through all the links you mentioned but I got more confused as I did not find any information on the right abode for the child born in UK when parents are on ILR.

Plus I am worried if this will complicate things later.

Could you or anyone guide me what happens if I get Indian passport for my baby and we are on ILR then what options are left for baby?

Thanks a lot

[vinny]

Note that child is automatically British, if born in the UK to a parent already holding ILR.

[shendean]

my husband is british. and i have my flr-m extension.

planning to have a bby soon. so what visa she could have?

[vinny]

If born in the UK, then baby will be automatically British otherwise than by descent.

[ginger.garlic]

Vinny, Thanks for your replies.I have gone through the links you provided but still not clear with few things.

In the context if we register our baby birth in Indian consulate UK and get Indian passport. Now as baby is having Indian passport and parents are on ILR.

Which British visa can we apply for baby?
Won't they accept ILR dependant if not what status baby will be left in?
What in case if we travel to India and then returning back, can we apply ILR dependant from India?

Your help is greatly appreciated.

[ginger.garlic]

230 views and no replies. Everyone please give your views.

[vinny]

Baby's status will depend on when and where the baby was born.

Non-British babies with ILR parents may apply for
child settlement visas with ILE endorsement from outside the UK; or
Indefinite leave to remain from inside the UK.

[ginger.garlic]

Baby's status will depend on when and where the baby was born.

Non-British babies with ILR parents may apply for
child settlement visas with ILE endorsement from outside the UK; or
Indefinite leave to remain from inside the UK.

Dear Vinny,

I really appreciate and thanks your efforts in replying my queries.

Each time you provide a link I try to go through it carefully but I am fail to find anywhere which states that child born in UK to ILR parents can apply as ILR dependant ?
And as till now I got somewhat agree that we can't do so but from your reply there looks like hope but cant find definite link on the site.

Could you help me further or anyone else please help.

Thanks

[vinny]

Children born in the UK, to a parent already with ILR, are automatically British.

They technically shouldn't apply for ILR, as British citizens are not subject to Immigration controls.

then baby may apply for a Certificate of Entitlement to the Right of Abode instead of a British passport.

Click on instead.