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Baby future UK citizenship

Posted: Mon Nov 21, 2022 8:29 am
by mirandajacobs
We are two married South Africans current on Skilled Worker Visa. One as the main visa holder and the other a dependant. We have a 5 year visa and plan to apply for ILR (Permanent Residency) at the end of the visa's term and then citizenship after a year of residency. The Skilled Worker visa is valid until Dec 2024

We had a baby in May 2022. The baby has been added as a dependant on the Skilled Worker Visa. My question is this:

When we apply for ILR and the citizenship the following year, will the baby also be eligible for both at the same time as us? The reason I ask is in order to get ILR you need to be present on your visa in the UK for 5 years exactly. Obviously the baby won't have that as he was only born this year and halfway through our visa duration.

Anybody have experience with this kind of situation?

Re: Baby future UK citizenship

Posted: Mon Nov 21, 2022 9:27 am
by meself2
For a UK born child, they can be registered as a British citizen when one of the parents has ILR.
Section 1(3) - A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens.

Re: Baby future UK citizenship

Posted: Tue Nov 22, 2022 11:41 am
by mirandajacobs
Thank you this is better than I thought!