Child born in the UK --- Which visa to apply for ??

[john2078]

Hi All,

I am on work permit, my son was born in the uk and we have got the passport from Indian ambassy in the Uk. Now we want to know what is next for which visa i have to apply for my son and which form we have to fill.

Your answers are very much appriciated.

-Joseph

[John]

Joseph, sooner or later YOU will be applying for a new visa .... ILR or whatever. Question .... do you intend to take your child out of the UK prior to that, or rather, do you intend to return the child to the UK prior to your next UK visa application?

[john2078]

Hi John,

Thanks for your reply.

Yes, I am planning to go out for holiday to France with my child.

-Joseph

[John]

OK, I think you need to use form FLR(O) to make the application. Go to this UKBA webpage.

As regards how to complete the form, imagine that the child was physically holding the pen and writing! The only exception to that is, you need to sign the form using your normal signature.

Also, don't overlook the need to get Schengen visas, for you and all your family.

[john2078]

Thank you very much for your helpful reply..

Now everything got cleared

-Joseph

[john2078]

Hi All,

I have one question that do we need dependent visa for our child if we are going out of the UK and returning back.

Thanks

-Joseph

[John]

Hasn't that already been covered above? Yes of course your child will need a UK visa in his passport, in order to get back into the UK. And will need a Schengen visa in order to get into France.

[noble72uk]

Hi All,

I am on work permit, my son was born in the uk and we have got the passport from Indian ambassy in the Uk. Now we want to know what is next for which visa i have to apply for my son and which form we have to fill.

Your answers are very much appriciated.

-Joseph

Hi Joseph

If you and your wife were legal to live in the UK (visa permit) while your son was born, your soon is a britsh citizen, please see the link is a confirmation here.

http://www.ukba.homeoffice.gov.uk/briti ... territory/

You can apply for your son a British passport with his birth certificate. And you need to demonstrate that you and your wife were legal at time of your son's birth.

Sorry for using the word legal but this is the British law.

Kind regards

[John]

noble72uk, sorry, that is not right, or at the very least, not the whole story.

If, when the child was born in the UK, one or both parents already had ILR, then yes, the born-in-the-UK chld was British from the moment of birth.

However, if when the child was born, neither of the parents had ILR, that is, they were both on time-limited visas, the child is not British from the moment of birth.

However when one or both parents later gets their ILR, then it will be a question of completing form MN1 to Register the child as British, and once that is achieved, it is a simple form-filling procedure to get the British passport.

By the way, such an application for Registration as British, there is an entitlement in these circumstances. UKBA have no discretion about the matter.

[tos]

noble72uk, sorry, that is not right, or at the very least, not the whole story.

If, when the child was born in the UK, one or both parents already had ILR, then yes, the born-in-the-UK chld was British from the moment of birth.

However, if when the child was born, neither of the parents had ILR, that is, they were both on time-limited visas, the child is not British from the moment of birth.

However when one or both parents later gets their ILR, then it will be a question of completing form MN1 to Register the child as British, and once that is achieved, it is a simple form-filling procedure to get the British passport.

By the way, such an application for Registration as British, there is an entitlement in these circumstances. UKBA have no discretion about the matter.

Hi John - I have a question which I believe you are capable of answering for me. I am on a limited leave and due to apply for ILR next year. I met an undocumented lady in January. She is now pregnant and due to put to bed next month. My concern is whether I can apply for British citizenship for the baby when I obtain my ILR or will the immigration status of the mother affect the application.

Though we are still looking at options to document properly the immigration status of the mother but I will appreciate any clarifications on the possibility of obtaining the British citizenship for the baby next year.

[John]

She is now pregnant and due to put to bed next month.

I haven't heard that expression. Do you mean that she will give birth next month?

Anyway, as regards your child's possible British nationality, the child's mother is clearly not British, and you are currently on a time-limited visa. However after you get your ILR next year, it will indeed be possible to apply for Registration as British of your born-in-the-UK child. The mother's status will not affect this situation, and as stated before, there is an entitlement for the Registration .... UKBA have no discretion about the matter. It certainly makes no difference given that the two of you are not married (given the birth is clearly after 01.07.06).

I say the above on the assumption that when the birth is registered at the Register Office that your name will be on the child's birth certificate?

[tos]

She is now pregnant and due to put to bed next month.

I haven't heard that expression. Do you mean that she will give birth next month?

Anyway, as regards your child's possible British nationality, the child's mother is clearly not British, and you are currently on a time-limited visa. However after you get your ILR next year, it will indeed be possible to apply for Registration as British of your born-in-the-UK child. The mother's status will not affect this situation, and as stated before, there is an entitlement for the Registration .... UKBA have no discretion about the matter. It certainly makes no difference given that the two of you are not married (given the birth is clearly after 01.07.06).

I say the above on the assumption that when the birth is registered at the Register Office that your name will be on the child's birth certificate?

Thanks for the post John. Yes, she's going to give birth next month. And in response to your question, my name is going to appear on the birth cert as the father.

Thanks once again.

[John]

You met her in January and she is going to give birth in October! You didn't hang around did you!

Anyway, I hope mother and baby will be just fine. After the birth, obviously both of you register the birth so that there is a birth certificate. And when you have your ILR, use form MN1 to Register your child as British.