Tier 2 ILR Dependant & Child Citizenship Situation

[rags080484]

Hi,

I have this situation. I came to UK on Tier2 General (Sponsored) on Nov21st, 2015. Have been on the same visa and sponsor since then. Currently my visa is till Dec 2021. And I'm eligible for ILR on Nov 2020.

My wife came to UK in Sep 2017 and got Tier 2 visa extension till Dec 2021. She is out of UK from Jan 6th 2019 till May 16th 2019 as she was pregnant and stayed back in India. We had a baby on Sep 17, 2019. And wants to travel to India next week for 3 months. Will it cross the 180 day period and effect her ILR later on.

As I would like to have my kid directly to British passport with we both getting ILR?

I'm quite confused. As can she travel or not now? If so, when she can travel next year. In lieu, it doesn't effect her ILR and kids passport in future.

Thanks,
Raghu

[CR001]

1. The absence limit applies to those who have visas issued on or after 11 January 2018.

2. Your child doesn't qualify directly for a British passport once you have ilr. The child is not British. You have to register the child as British first before you can apply for a passport. UK born children have no absence limits.

3. Does the child have a visa?

[rags080484]

Thanks for the prompt reply.

1) The child currently doesn't have a visa. Applied for Indian passport which is due this week.
2)
- This the below statement true.

"You can add your child born in the UK to the application for Indefinite leave to remain or apply to register the Child as a British Citizen once either parent has ILR.

As your child was born in the UK to be eligible to be register as a British Citizen they do not need to hold ILR."
3) I want to know how the 12 Month Period absence limit is calculated
We had the Tier 2 extension visa issued on 8th Nov 2018 till 14th Nov 2021.
So will be it from 8th Nov 2018 to 8th Nov 2019 is considered as a 12 month period.
Or 1st Jan 2019 to 31st Dec 2019??
If it is 8th Nov 2018 to 8th Nov 2019 -> She is already 130 days out of UK.
I just wanted to know who the any 12 month period is calculated?