Baby born in UK for Indian parents with Skilled worker VISA

[mrscn47]

Hi,

My son was born in the UK and we are in skilled worker VISA. I have a couple of questions to get clarity. We have still 3 years left to apply for ILR and I am intending to apply for MN1 for my son along with our ILR application.

My question is, for emergency purposes just in case to travel to India should I need to apply for
1. Registration of birth of a minor child at an Indian Consulate under Section 4(1) of the Citizenship Act, 1955
2. Get a Indian passport and keep it ready just in case.

But my kid hasn't traveled to India until we apply for ILR. And can I still be eligible to apply for British citizenship for my son along with our ILR application considering he holds the above point 1 and point 2.

Need guidance. Please advise!

Thanks,
Shankar.

[alterhase58]

Does your son have a dependent visa and BRP?

He should get a passport.

[mrscn47]

He doesn't have a passport yet. I am intending to get him British citizenship when we apply for ILR.

My question is, should I get an Indian passport (for emergency purposes) and if we don't travel to India until we get our ILR, which means he hasn't left the country at all. Can I use the MN1 application for him post receiving ILR for us? Considering he is holding an indian passport.

[alterhase58]

Once you got ILR he can register per MN1, and is free to travel after obtaining a British passport.

He should have a passport as he hasn’t got any ID document. And without a BRP the carrier won’t allow boarding. Indian PP alone won’t allow him into the UK.

I’m not sure how this works over three years.

[mrscn47]

I can apply for dependent visa when I am intending to take my kid to India for travel. But I choose not to travel and planning to stay in the UK. Do I still need dependent visa and BRP considering he was born here. And I have the birth certificate.

Should I apply Indian passport for ID purpose? And I can apply for MN1 after we get ILR.

Is my understanding is correct? Please advise.

[meself2]

Do I still need dependent visa and BRP considering he was born here. And I have the birth certificate.

Not necessarily, but keep in mind your child can't use free NHS, do you better have a good health insurance (or get him a dependent visa).

Should I apply Indian passport for ID purpose?

You don't have to, but you can.

[mrscn47]

Thank you. This is a quite clear..

My last question is, to get British citizenship via MN1, having Indian passport should be okay? Considering my son doesn't have a dependent visa.

[meself2]

Yes.

[BashirB]

I can see what you are trying to do:

- Apply for Indian passport just in case. Not apply for BRP at all as he will be in UK the whole time. If an emergency happens, go to India with him on his Indian passport and apply for entry clearance from there to get back.

- In event there is no emergency, you plan to apply for MN1 directly after getting your ILR in 3 years time.

In theory, the above would work. However, note that NHS will send you an invoice for his treatment, should any happen over the next three years. The cost of those can be much more than what you will save on regularisation of his stay here, unless you are going to be covered by private medical insurance.

In summary, as long as you are sure you won't need to travel and your child is unlikely to need any treatment from NHS (GP visits are fine), your plan will work. But the moment you step out of the country, you will need to apply for his BRP, whose cost will be the same (if not higher) - so no saving there. Also if he needs treatment, the NHS invoice will be substantial.

Legally he may be fine, economically it's a risk you need to consider.

[mrscn47]

This is super clear. Thank you. Now I know what needs to be done. Thank you.