Child visa for travel to UK

[sharmanu1]

Hi ,

I needed one small advise from you please so was thinking if you can please help me with the query. I shall be highly obliged.

I and my wife both have UK ILR and my kid was born in UK before any of us got ILR.
Kid born- June 2019
My ILR- Dec 2019
Wife's ILR - Nov 2020

My Kid had a British birth certificate but had a UK Tier 2 General dependent visa as when he was born I was on Tier 2 general form. His visa expired on 5th Jan and i was thinking to apply for a british passport for him, but unfortunately due to sudden emergency as home I had to leave UK without his visa.

Now I need to get back to UK in 1st week of April but I am not sure if I can take my 20 month old toddler to UK without visa with just Birth certificate copy ? or i need to apply his British passport or UK Visitor visa to take him back to UK?

Please can you help me with this.

[secret.simon]

I am not sure if I can take my 20 month old toddler to UK without visa with just Birth certificate copy ?

You can't. A UK-born foreign citizen child can remain in the UK without a visa after birth, but if they leave the UK, they will need a visa to reenter.

i need to apply his British passport or UK Visitor visa to take him back to UK?

A visit visa is highly likely to fail as the child is not visiting, but planning to reside with its parents in the UK.

You can't apply directly for a British passport as the child is not a British citizen. The child will first need to be registered as a British citizen on Form MN1 and can then, after registration has been successful, apply for a British passport. Be aware that apart from the few months that will be required for registration, first child British passports from abroad can take six months to a year. So you are potentially looking at a months long stay abroad.

Alternatively, you can apply for a normal dependent child visa for the child (as both parents have ILR, the child should be issued with an ILE) and can then register the child as above in the UK. Once registered, you can then apply for a British passport for the child.