Page 1 of 1

Apply ILR for my newborn in the UK

Posted: Thu Apr 12, 2018 6:25 pm
by Rebecca89
Appreciate if someone could answer my question.

My husband is currently on the extended visa of Tier 1 (E) and I am holding a dependent visa. Both are expiring by 25 April 2018. My baby was born 10 days ago in the U.K.
We are going to apply for ILR next week after applying a China passport for our newborn.But it will take about 20 days for the passport to be issued.

My question is can we add our baby into the ILR application. In the situation we cannot include her passport at the time we post the application form and she does not have a leave to remain since she was born for only 10 days.But we can include her birth ceritificate and will post her passport to the home office once we obtain it.

I have looked up in the official website and says she must have a permission to stay in the U.K. as my child then she can apply for the ILR with us. But in the Family Visa section, it also says children born in the uk will have the same Permission to stay as their parents and can be added to thier parent's next application.

Can anybody advice me whether I should add my baby girl in the ILR application or not. We intend to keep her China Nationality so the British Citizenship route doesn't apply to our case.

Looking forward to experts' reply. Many thanks.

Re: Apply ILR for my newborn in the UK

Posted: Thu Apr 12, 2018 6:35 pm
by zimba
As you do not want to register the baby for British citizenship, you need to include the baby with your ILR application SET(O) (I am assuming here that BOTH you and your husband will be eligible for ILR at the same time)
The fact that she never had a leave to remain is not relevant for a UK born child as when both parents are granted ILR, she can be granted ILR too.

Re: Apply ILR for my newborn in the UK

Posted: Thu Apr 12, 2018 8:47 pm
by Rebecca89
zimba88 wrote:
Thu Apr 12, 2018 6:35 pm
As you do not want to register the baby for British citizenship, you need to include the baby with your ILR application SET(O) (I am assuming here that BOTH you and your husband will be eligible for ILR at the same time)
The fact that she never had a leave to remain is not relevant for a UK born child as when both parents are granted ILR, she can be granted ILR too.
Thank you for your prompt reply ,zimba88. I can then go ahead to add my baby in our application.