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Suggest start your own topic with your questions rather than tagging onto another member thread as it does create confusion when members respond.needinfo89 wrote:Hi, I am in a similar situation and need some advice please.
I am currently due to have a baby in March 2017. My husband is in a TIER 2 general visa, and he will be completing his 5 years in October 2017 and will be applying for his ILR then. However, I am on a TIER 2 dependant visa and I will be completing my 5 years in this category in October 2018 to be eligible to apply for ILR.
I have checked the UKBA website and I have called UKBA yesterday regarding my child's status once she is born. They have told me since the child will be born before any of the parent received the ILR, so child needs to be registered under Tier 2 dependant visa and the child can only apply for ILR once he/she completed 5 years in the visa category. Child cannot be registered as British if born before any of the parents had ILR. Absolute nonsense. HO call centre is well known for giving out wrong advice but often it is also the way people ask the questions. Child DOES NOT need a PBS dep visa or ILR to register as British once EITHER parent is granted ILR. This ONLY applies to babies born WITHIN the UK and NOT to children born outside the UK.
I am a bit confused now. CR001, Can you please let me know where did you get the info about baby eligible to be registered as British once the parent gets ILR? It is contained in the British Nationality Act which is a LAW.
Is it is possible to register a child as British Citizen once one parent gets their ILR? I would really like to know the procedure.
Looking forward to your reply. Thank you very much.