ILR — about my child born abroad and in the UK

[cr1cr1]

Hi all,

I am a ILR holder (granted in 2005 on the basis of successfully completing a four year work permit), My wife is a local korean citizen. We got married a few yrs ago in korea. Our first son was born in 2013 in korea. Also to this month, my wife is 5 month pregnant already.

We currently live in korea. As time is a bit short, I am planing to apply for a visitor visa for my wife, and deliver our second child in UK.

We would like to know the answers for the following questions:

1. For our second child, we will pay privately all treatments and fee for giving birth our baby in the UK, which form should we fill to register our baby to british residents (ILR) or British citizen (British passport)? Kindly where can I have the links for the form and demonstration for the related immigration law clauses which can apply to him.

2. For our one year old son born in korea, can we apply for any registration for a British residentship (ILR) or British citizenship (British passport)? Also, kindly where can I have the links for the form and demonstration for the related immigration law clauses.

Thank you so much,

Dav

[secret.simon]

How long have you been out of the UK? You can lose ILR if you have been out of the UK for two years or more. The immigration officer may question you about your stay out of the UK to determine if the ILR is still valid.

Assuming that the ILR is valid and your wife and you are allowed into the country, the second child will be automatically British by birth as it was born in the UK to a parent already settled in the UK (you as ILR holder).

Your one year old son can be registered using form MN under Section 3(1). It is a registration at discretion and not an entitlement. It typically requires one parent to have ILR and the other to be applying for it.

IMHO (and it is just an opinion), it depends on the duration of time that you have spent outside the UK and how you would explain it to the immigration officer and the Home Office case worker.

You may also want to study the impact of getting British citizenship on the other citizenships (your own and Korean citizenship) that your children may lose by getting British citizenship.

[cr1cr1]

How long have you been out of the UK? You can lose ILR if you have been out of the UK for two years or more. The immigration officer may question you about your stay out of the UK to determine if the ILR is still valid.

Assuming that the ILR is valid and your wife and you are allowed into the country, the second child will be automatically British by birth as it was born in the UK to a parent already settled in the UK (you as ILR holder).

Your one year old son can be registered using form MN under Section 3(1). It is a registration at discretion and not an entitlement. It typically requires one parent to have ILR and the other to be applying for it.

IMHO (and it is just an opinion), it depends on the duration of time that you have spent outside the UK and how you would explain it to the immigration officer and the Home Office case worker.

I left the UK in Mid 2006, and kept going back my home (a house in Manchester) the UK in every 12-20 months (never longer than 2 years). My each stay is normally 1-2 months (except it's only two weeks in 2012). So I have returned to the UK for 6 times, last entry was in June 2014, stayed 2 weeks. For which my child's applications, will I need to prove my reckonable period of residence?

For my second child, if my wife comes to the UK on a visitor status, and pays privately all treatments and fees for giving birth a baby here in the UK. How can we apply for a British passport for our second child? Is it easy? Which form and what are the processes? Except my passport and ILR info, Do we need to provide the marriage certificate and my wife visitor visa and passport info?

For my one year old son to register a uk citizen or settlement visa (for example, MN1 form under section 3(1)), is any requirement for my wife to have a valid uk long visa? Or, as long as I have ILR, my one year old is entitled to apply for the Uk citizen or a UK settlement visa?

What is IMHO? I don't understand this word.

Again, many thanks for your help.

[cr1cr1]

Any professional advice? Many thanks

[secret.simon]

IMHO - In My Honest Opinion. It is a textspeak abbreviation.

If your second child is born in the UK, s/he will be British by birth. The proof that is required is the child's birth certificate naming you as the father and proof of your ILR. That would typically be your BRP. I'm not certain that a marriage certificate is required, but it can be handy. Passport forms are available at most post offices, who also provide a "Check and Send" facility.

For your son born abroad, registration is by discretion under Section 3(1). It is typically required for both parents to be settled (have ILR) or atleast one parent to be settled and the other working towards it (be on a visa leading to ILR). It is not an entitlement. Nor does your ILR entitle your son to any form of settlement visa automatically.

[cr1cr1]

For my second child which will be born in UK in this May:

What is the name of passport application form that I should choose in post office? Are the required proofs all needed original including my passport? I remember when I got ILR, I received my passport with a ILR stamp also a ILR granted letter from Home Office. Which one should I submit with the filled form? That passport with ILR stamp or the letter? Except my korean marriage certificate (translated and notarized in korea), do I still need to submit my wife passport with her tourist visa(she never been to UK before), and my current passport. If I need to submit all my passports after I gained ILR, will they check and calculate my reckonable period of residence?

As said in the beginning, I gained my ILR in late 2005, then I left the UK in Mid 2006, and kept going back my home (a house in Manchester) the UK in every 12-20 months (never longer than 2 years). My each stay is normally 1-2 months (except it's only two weeks in 2012). So I have returned to the UK for 6 times, last entry was in June 2014, stayed 2 weeks.

If your second child is born in the UK, s/he will be British by birth. The proof that is required is the child's birth certificate naming you as the father and proof of your ILR. That would typically be your BRP. I'm not certain that a marriage certificate is required, but it can be handy. Passport forms are available at most post offices, who also provide a "Check and Send" facility.

For your son born abroad, registration is by discretion under Section 3(1). It is typically required for both parents to be settled (have ILR) or atleast one parent to be settled and the other working towards it (be on a visa leading to ILR). It is not an entitlement. Nor does your ILR entitle your son to any form of settlement visa automatically.

[CR001]

What is the name of passport application form that I should choose in post office?

If applying for a passport you ask for the passport form!!

http://www.immigrationboards.com/britis ... ml#p592356

[cr1cr1]

Who can answer my question:

Except my old passport and korean marriage certificate (translated and notarized in korea), do I still need to submit my wife passport with her tourist visa(she never been to UK before), and my current passport? If I need to submit all my passports after I gained ILR, will they check and calculate my reckonable period of residence?

As said in the beginning, I gained my ILR in late 2005, then I left the UK in Mid 2006, and kept going back my home (a house in Manchester) the UK in every 12-20 months (never longer than 2 years). My each stay is normally 1-2 months (except it's only two weeks in 2012). So I have returned to the UK for 6 times, last entry was in June 2014, stayed 2 weeks.

What is the name of passport application form that I should choose in post office?

If applying for a passport you ask for the passport form!!

http://www.immigrationboards.com/britis ... ml#p592356

[ouflak1]

As said in the beginning, I gained my ILR in late 2005, then I left the UK in Mid 2006, and kept going back my home (a house in Manchester) the UK in every 12-20 months (never longer than 2 years). My each stay is normally 1-2 months (except it's only two weeks in 2012). So I have returned to the UK for 6 times, last entry was in June 2014, stayed 2 weeks.

Frankly, it is kind of amazing you have been able to pull this off. You're very lucky if you still have ILR. In many cases, your second long absence would have enough to convince any border patrol agent that you are not resident in the UK and have your ILR cancelled.

Except my old passport and korean marriage certificate (translated and notarized in korea), do I still need to submit my wife passport with her tourist visa(she never been to UK before), and my current passport? If I need to submit all my passports after I gained ILR, will they check and calculate my reckonable period of residence?

Spouses attempting to visit their husband/wife in the UK face the heaviest of scrutiny if this is done on a visitor's visa. Even if you had lived the entire time in the UK, there is a good chance she would be refused the visa just on the basis that they don't believe a wife would be visiting her husband and not wanting to stay. You should assume that they would check every single detail offered to support her visa application and attempt to reconcile that with reality. And yes, that might be the end of your ILR right then and there.

I'm struggling to really come up with a good scenario here that works in your favor. If you can get back into the UK with your ILR still in tact as you have previously, then your options are much better. But I think then your wife will have to apply for a settlement type of visa. Because of your long periods of absence out of the UK, it's complicated. Any kind of visa she applies for based on you will involve scrutiny on that. I think my best suggestion for you would be to forget about the idea of having your second child in the UK. There are just too many things that can go wrong. Try to again establish your life here back in the UK, and bring your family over. Then you can sort out their ILR/citizenship applications.

[cr1cr1]

Thanks for Ouflak1's reply. Except Ouflak1, who else including secret.simon can answer my question below:

Except my old passport and korean marriage certificate (translated and notarized in korea), do I still need to submit my wife passport with her tourist visa(she never been to UK before), and my current passport? If I need to submit all my passports after I gained ILR, will they check and calculate my reckonable period of residence?

As said in the beginning, I gained my ILR in late 2005, then I left the UK in Mid 2006, and kept going back my home (a house in Manchester) the UK in every 12-20 months (never longer than 2 years). My each stay is normally 1-2 months (except it's only two weeks in 2012). So I have returned to the UK for 6 times, last entry was in June 2014, stayed 2 weeks.

What is the name of passport application form that I should choose in post office?

If applying for a passport you ask for the passport form!!

http://www.immigrationboards.com/britis ... ml#p592356

[cr1cr1]

Any good advices? I look forward to getting more replies.

Thanks a lot!