Child born in the UK to Tier 2 parents, ILR application after birth

[mrlu]

Hi all,

These forums have been of immense help to me but for the first time I've run into a question I wasn't able to find an answer to. I have a question regarding an application for a child born in the UK to Tier 2 parents.

I apologise in advance for the long post but I wanted to spare no detail as the situation is rather specific.

My partner is Chinese and currently on Tier 2 visa.
Tier 2 until October 2020
Eligible to apply for ILR in September 2019

I am Russian and currently on Tier 2 dependent (her dependent)
Eligible to apply to ILR in April 2021

We are expecting a child which is due in December 2019. For personal reasons we wanted to apply for Chinese nationality for our kid. As China does not recognise dual citizenship we won't be able to apply for a Chinese passport for the baby if my partner already has ILR. Our plan is to hold off her application until the baby is born then to apply for a Chinese passport for the baby and then my partner will make her ILR application.

We don't want to use super priority service for the ILR application as we have been delayed twice before with previous applications. I am aware that that may mean up to 6 months wait. If I understand it correctly under new rules (from 2015) the baby will lose access to the NHS after 3 months unless some sort of application is made. So it seems unlikely that we will get the ILR back before 3 months are up and therefore we will need to submit an application for the baby at the same time as my partner will be sending her ILR application. Strictly speaking my partner would be on Tier 2 at the time of baby's application so Tier 2 dependant would apply. At the same time since my partners application is for the ILR (no reason to believe this will be refused) it would really simplify things for us if we could apply straight for the British passport for the baby. Could someone please clarify if we could send British passport application along with ILR or if we should be sending a Tier 2 or ILR dependant instead? If we have to send out the dependent application should it be Tier 2 dependent or ILR dependent?

Many thanks in advance!

[CR001]

If the child is born BEFORE your partner gets ILR, then the baby is not British and would have to register as a British citizen on form MN1, costs £1023. A passport is a separate process to this after the British Registration has been approved and the certificate received. So the dual nationality issue will still be a problem. You also cannot apply for a British passport when partner applies for ILR.

Child would only be automatically British if born AFTER your partner has received ILR.

[mrlu]

Thank you for the instant and detailed reply! I read through some other threads and one of your replies suggests that MN1 can't be sent out at the same time as parent's ILR application. That gives us a lot more clarity regarding the citizenship application. We'll wait until my partner gets her ILR and then we'll go ahead with the British Registration. However, in the meantime to avoid losing access to healthcare for the baby can we include him/her (don't know the gender yet) as a dependent on the ILR application?

Dual nationality is going to be tricky with travelling in and out of China being specifically complicated. I'll be sure to share our experiences on the forums once we do travel.

[CR001]

However, in the meantime to avoid losing access to healthcare for the baby can we include him/her (don't know the gender yet) as a dependent on the ILR application?

The child should be fine and not have issues regarding healthcare. If you think you must apply for a visa, it will have to be a PBS Dependent visa, same as what you hold.

Dual nationality is going to be tricky with travelling in and out of China being specifically complicated. I'll be sure to share our experiences on the forums once we do travel.

Once child is registered as British, apply for a Certificate of Entitlement to Right of Abode on the Chinese passport instead of a British passport.

Note that if your partner applies for and is granted ILR before the child is born, the child will be automatically British but does NOT have to apply for a passport and can also apply for a Certificate of Entitlement to Right of Abode on the Chinese passport instead.

[mrlu]

The child should be fine and not have issues regarding healthcare. If you think you must apply for a visa, it will have to be a PBS Dependent visa, same as what you hold.

I am getting somewhat mixed responses on the healthcare for newborns. According to this page on the NHS website it's free until 3 months of age. Parents are expected to apply for some sort of visa in that time. If they don't NHS care is no longer free unless it's an emergency. I also came across this information page for Leeds university which confirms the need to apply for the visa but assumes that parents are Tier 4 students.

If you give birth to a child in the UK, your child will be entitled to free NHS hospital treatment in England on the same basis as someone who's ordinarily resident.

Your child is covered until 3 months of age, but only if they didn't leave the UK during that period.


...

You should apply for a visa for your child during the 3-month period after your child's birth.

If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the 3-month period.

https://www.nhs.uk/using-the-nhs/nhs-se ... -area-eea/

If your baby isn't a British citizen, they can remain in the UK without making an immigration application. However from April 2015 babies born in the UK are not entitled to free healthcare from the age of 3 months old, unless it is emergency treatment. Therefore in order to access healthcare, parents of babies born in the UK will need to make an immigration application within the first 3 months of the child’s life and pay the Immigration Health Surcharge.

https://students.leeds.ac.uk/info/21520 ... _in_the_uk

Once child is registered as British, apply for a Certificate of Entitlement to Right of Abode on the Chinese passport instead of a British passport.

Note that if your partner applies for and is granted ILR before the child is born, the child will be automatically British but does NOT have to apply for a passport and can also apply for a Certificate of Entitlement to Right of Abode on the Chinese passport instead.

Thanks for the info! That's really useful information. My partner has checked with the Chinese Embassy in London and apparently getting ILR before the child is born is not an option the embassy checks parent's visa status to ensure compliance with the article of the China Nationality Law below

[mrlu]

The child should be fine and not have issues regarding healthcare. If you think you must apply for a visa, it will have to be a PBS Dependent visa, same as what you hold.

I am getting somewhat mixed responses on the healthcare for newborns. According to this page on the NHS website it's free until 3 months of age. Parents are expected to apply for some sort of visa in that time. If they don't NHS care is no longer free unless it's an emergency. I also came across this information page for Leeds university which confirms the need to apply for the visa but assumes that parents are Tier 4 students.

If you give birth to a child in the UK, your child will be entitled to free NHS hospital treatment in England on the same basis as someone who's ordinarily resident.

Your child is covered until 3 months of age, but only if they didn't leave the UK during that period.


...

You should apply for a visa for your child during the 3-month period after your child's birth.

If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the 3-month period.

https://www.nhs.uk/using-the-nhs/nhs-se ... -area-eea/

If your baby isn't a British citizen, they can remain in the UK without making an immigration application. However from April 2015 babies born in the UK are not entitled to free healthcare from the age of 3 months old, unless it is emergency treatment. Therefore in order to access healthcare, parents of babies born in the UK will need to make an immigration application within the first 3 months of the child’s life and pay the Immigration Health Surcharge.

https://students.leeds.ac.uk/info/21520 ... _in_the_uk

Once child is registered as British, apply for a Certificate of Entitlement to Right of Abode on the Chinese passport instead of a British passport.

Note that if your partner applies for and is granted ILR before the child is born, the child will be automatically British but does NOT have to apply for a passport and can also apply for a Certificate of Entitlement to Right of Abode on the Chinese passport instead.

Thanks for the info! That's really useful information. My partner has checked with the Chinese Embassy in London and apparently getting ILR before the child is born is not an option as the embassy checks parent's visa status to ensure compliance with the article of the China Nationality Law below

Article 5
Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.

EDIT: Please delete post above, I think that was posted by mistake and the quoting is a bit incorrect