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new born + ilr

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Ana01
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Posts: 2
Joined: Mon Jul 23, 2018 11:12 pm
India

new born + ilr

Post by Ana01 » Mon Jul 23, 2018 11:28 pm

Dear Sirs,

Good evening, I am due to apply for indefinite leave to remain in 3 months time which is through entrepreneur visa 5 year period
I am expecting my baby in few week and planning to give birth in USA so my question is, assuming my baby would have USA passport , how does her UK visa works out

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: new born + ilr

Post by secret.simon » Mon Jul 23, 2018 11:32 pm

If child is born after the date of your grant of ILR
- if child is born in the UK
- - child will be born a British citizen
- if child is born abroad
- - child will have the same immigration status as that of the less-privileged parent.

If child is born before the date of your grant of ILR
- if child is born in the UK
- - child will be entitled (i.e. cannot be refused) to be registered as a British citizen
- if child is born abroad
- - child will have the same immigration status as that of the less-privileged parent.

So, what is the UK immigration status of the other parent?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Ana01
Newly Registered
Posts: 2
Joined: Mon Jul 23, 2018 11:12 pm
India

Re: new born + ilr

Post by Ana01 » Tue Jul 24, 2018 12:17 pm

Dear Simon,
Much appreciated your response, my husband is my dependent and been in this country only 3.5 years ago
w.r.t your suggestion, birth is more imminent before I apply for ilr so assuming child would have USA passport, she can stay 6 months. So how I am suppose to move forward from there?

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CR001
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Re: new born + ilr

Post by CR001 » Tue Jul 24, 2018 12:29 pm

Baby will need to apply for the same visa category as the other parent, Tier 1 Dependent.

Why do you not want to have the baby in the UK?? You would then be able to register the child as British once you get ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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