Ilr Nov 2018. Visa status wife and kid

[Kartikeyaaurora]

Hi Guys/Admin,

I am on tier 1 entrepreneur visa and applying for ILR in November this year. My wife came to UK as PBS dependant in 2014 and has been in UK for 4 years. She is now pregnant with our first child due on 29th September 2018.

The questions I have are:

1. What visa criteria she falls in (which visa should she apply in November) and how can she keep her 4 years of UK resident history to qualify for ILR next year.

2. What visa will the baby have. Should I apply for an indian passport first and apply for a visa for him along with mine or wait for my visa to come and apply for british passport for him.

Thanks in advance for your help guys.

Thanks,
Kevin

[CR001]

1. What visa criteria she falls in (which visa should she apply in November) and how can she keep her 4 years of UK resident history to qualify for ILR next year.

It really depends on what basis you are applying for ILR, 10 years long residence or 5 years Tier 1 Ent. Your post doesn't state which route you are going.

2. What visa will the baby have. Should I apply for an indian passport first and apply for a visa for him along with mine or wait for my visa to come and apply for british passport for him.

If the child is born in the UK, you don't need a visa. Once you have ILR you can apply to register the child as British on form MN1. Child won't qualify for a passport as child is not British if born before you get ILR.

[Kartikeyaaurora]

Hi CR001,

Thanks a lot for your reply.
I am on Tier 1 entrepreneur 5 years route; completing 5 years on 6th December 2018.
What visa should my wife apply for as her PBS dependant visa is expiring with mine.

With the child is it not compulsory to register the child within 6 weeks of birth? What nationality will he be having then?

Regards,
Kevin

[Kartikeyaaurora]

To add to my above reply . Gov. Uk site says “All births in England, Wales and Northern Ireland must be registered within 42 days of the child being born.” Baby is born end of September. I cannot file my ILR untill 12th Novmber.

[CR001]

Don't confuse the requirement register the childs BIRTH with registering the child as British. They are two completely separate and different things.

You can only register the child as British citizen once you get ILR.

Child will have the same nationality as parents at birth, if you register the birth at the Indian high commission. Child will not be British until you register the child as British on form MN1 - nothing to do with registering the birth!!

Wife must apply to extend her Tier 1 dependent visa. It will be a 3 year visa.

[Kartikeyaaurora]

Thats brilliant. However, will myself or my wife will not mention in the visa form that we have a dependant which is a 2 months old baby. If so, do we not have to get a dependent visa for him as well?

Sorry for being a pain.

Thanks,
Kevin

[CR001]

No a UK born child does not need a visa if not traveling and you plan to register the child as British once you get ILR. If the form asks about children, even if not applying with you, you must answer truthfully.

[Kartikeyaaurora]

Brilliant, thanks mate for answering all this. I will put in my form that I have a dependant baby but will not apply for a visa for the baby and wait till I have ILR.

Regards,
Kevin

[Kartikeyaaurora]

Hi Cr001,

Just final check as I am filling the form.

1. Apply ILR for me. Should not mention about the baby yet.

2. Apply PBS dependant extension for wife.

3. Apply for british passport for baby on form mn1 once I have my ILR approved.

Please correct me if I am wrong.

Thanks,
Kevin

[CR001]

1. Correct.

2. Correct.

3. You need to register the child as British on form MN1 before the child can get a passport. Registration and passport are two different forms and processes.

[Kartikeyaaurora]

Thank you CR001.