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ILR for dependent spouse who is in the UKand baby born in UK

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Marriage | Unmarried Partners | Fiancé | Ancestry

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LondonGirl
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Joined: Wed Apr 11, 2007 6:36 pm

ILR for dependent spouse who is in the UKand baby born in UK

Post by LondonGirl » Wed Apr 11, 2007 6:50 pm

Hello,

I will be eligible for ILR at the end of 2007. My 5 year work permit expires on December 28, so, I should be ready to apply on Dec 1. My husband who was on a 5 year work permit himself (expires Oct 2007) recently switched to my work permit as a dependent (about a month ago) after having changed jobs. Can I include him as a dependent on my ILR application?? I have reading confusing posts on this board about whether he needs to be a dependent for 2 years before he could be included in the primary application.

We will be having a baby in October this year. So, I guess the first order of business would be add the new baby to my work permit to legalise his/her status in the UK? Does their status need to be formally recorded (other than birth certificate) - how can we do this and how long does it take? I assume that I would be able to include the baby in my ILR application at the end of the year?

In terms of fees, if I include my husband and baby on my application - do I pay a single fee of 950 pounds (which is outrageously high as is) or do I have to fork out three times that??

If I decide to get my work permit renewed (so as to avoid any hassles with delays in ILR) - I assume that I would need to include my husband and baby in this application?

Finally, I know that I am not eligible for state maternity benefits or baby subsidies as a work permit holder but I assume that this should not affect maternity pay from my company?

I have found the board helpful reading so far and I am hoping that someone will be able to help with my long list of questions.

Thank you.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: ILR for dependent spouse who is in the UKand baby born i

Post by JAJ » Thu Apr 12, 2007 1:50 am

LondonGirl wrote:Hello,

I will be eligible for ILR at the end of 2007. ...
We will be having a baby in October this year. So, I guess the first order of business would be add the new baby to my work permit to legalise his/her status in the UK? Does their status need to be formally recorded (other than birth certificate) - how can we do this and how long does it take? I assume that I would be able to include the baby in my ILR application at the end of the year?
Can't help with your other questions, but you should know that as soon as you have ILR, your baby is immediately eligible for registration as a British citizen under section 1(3) of the British Nationality Act (until age 18).

The child does not need to have ILR in order for British citizenship under this provision to be granted.

You don't say what nationality you and your husband are, so it's not possible to speculate whether your child can have dual citizenship.

Any future children born in the UK after you get ILR will automatically be British citizens at birth.

LondonGirl
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Joined: Wed Apr 11, 2007 6:36 pm

Post by LondonGirl » Thu Apr 12, 2007 7:50 am

Hello,

Thanks for the information. Yes, I am aware that babies born in the UK to parents who settle subsequent to their birth are eligible for registration as UK citizens.

LondonGirl

jazbaati99
Member
Posts: 224
Joined: Wed Apr 03, 2002 2:01 am
Location: uk

Post by jazbaati99 » Thu Apr 12, 2007 4:25 pm

There is no time limit on your spouse to be on a dependent visa before applying for ILR as dependent. My wife was on my work permit dependent visa for less than two years when We applied and got ILR together, so you'll be fine.

LondonGirl
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Joined: Wed Apr 11, 2007 6:36 pm

Post by LondonGirl » Thu Apr 12, 2007 5:56 pm

Hi -

Thanks for the note about timelimit for dependents before ILR. Did you have to pay double the application fee if you had your wife on the same application?

LondonGirl

jazbaati99
Member
Posts: 224
Joined: Wed Apr 03, 2002 2:01 am
Location: uk

Post by jazbaati99 » Fri Apr 13, 2007 9:11 am

No, fortunately you can include you wife and children as dependents on the same application. So it was on fee.

LondonGirl
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Joined: Wed Apr 11, 2007 6:36 pm

Post by LondonGirl » Fri Apr 13, 2007 4:54 pm

Hello,

Does anyone have any experience with bringing a newborn's status in line with your work permit through an FLRO application? The newborn will need a passport before the FLRO and this could take a bit of time. Is there a minimum period of time by when this needs to be done.

Also, will the newborn be eligible for NHS coverage before the FLRO is filed? I spoke to two people at IND who gave contradictory information within 20 minutes of each other AND one of them had the nerve to suggest that the newborn would not be eligible for NHS coverage - that strikes me as outrageous if its parents have been paying NI!

I think I might need an immigration lawyer to get me through this. Would anyone be able to suggest someone who is on top of all the information and doesn't cost an arm and a leg?

Thanks,

LondonGirl

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sat Apr 14, 2007 3:32 am

LondonGirl wrote:Hello,
Does anyone have any experience with bringing a newborn's status in line with your work permit through an FLRO application? The newborn will need a passport before the FLRO and this could take a bit of time. Is there a minimum period of time by when this needs to be done.
If you're not planning to travel, does the child even need FLR? I'm not sure if it's needed for ILR (others will comment further). And the UK-born child doesn't need to have ILR to be registered as British after you get ILR (is that the plan?)
Also, will the newborn be eligible for NHS coverage before the FLRO is filed? I spoke to two people at IND who gave contradictory information within 20 minutes of each other AND one of them had the nerve to suggest that the newborn would not be eligible for NHS coverage - that strikes me as outrageous if its parents have been paying NI!
I'm not aware of any issues with newborns in the UK not being eligible for the NHS, but finding definitive proof of that may be easier said than done.

LondonGirl
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Post by LondonGirl » Sat Apr 14, 2007 10:12 am

According to the IND, the baby would need to have an immigration status assigned to it. It would also need to be declared by dependent (via the FLRO) before it could be on my ILR application.

Yes, the plan is to register he/she as a British citizen but I will be travelling before all that comes through.

I am supposed to hear back from an NHS representative about how to ensure that babies born to non-resident/work permit parents are covered. I will post the information here.

Thanks.

rosary
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Joined: Mon Apr 23, 2007 12:23 pm

Post by rosary » Tue Apr 24, 2007 3:21 pm

LondonGirl wrote:Hello,
Also, will the newborn be eligible for NHS coverage before the FLRO is filed? I spoke to two people at IND who gave contradictory information within 20 minutes of each other AND one of them had the nerve to suggest that the newborn would not be eligible for NHS coverage - that strikes me as outrageous if its parents have been paying NI!
Baby born in uk gets NHS number automately when she/he is born! When you register newborn baby's name, you get birth certificate and one pink document, give this pink document to yout GP, then the baby is registered with the GP. I'm WP holder, my daughter was born this year.

rosary

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