Baby visa.

[Biggie]

Hello all,

I was hoping you could answer a question for me, l'm here in the UK on my husbands work permit as a dependent, the work permit is valid until April 2008, and we hope to apply for ILR then. We are due to have our first child in August 2006, but am worried about how we can go about getting a visa for the baby. My husband seems to think we can stay with the baby without a visa until we apply for ILR. We can get the baby's passport before then but l think we need to get a visa in the passport, he doesn't think there is any rush and l don't want any problems when we apply for ILR.

So l guess the question is how long can a baby stay without a visa?

[olisun]

are you guys not going to leave the country for the next 2 yrs ?

[Biggie]

are you guys not going to leave the country for the next 2 yrs ?

Olisun,

I keep telling him there may be emergencies back home when we may need to travel or even holidays but it just seems to go over his head. But it still begs the question l think we need a visa for the baby and he seems casual about it.

Thanks.

[John]

the question is how long can a baby stay without a visa?

Let's put it this way, no one is going to deport the baby if parents have valid visas.

However you are quite right to think that a family emergency might lead to unexpected travel. Surely for peace of mind it is better to lay out the £335 to apply by post for your child's visa!!!!

Or put it another way .... father, you need to appreciate that mother has enough to think about at this time without needing to be concerned about a visa issue like this!

[Smit]

If I can add my 0.002p, for peace of mind, it would be prudent to obtain a passport and a dependant visa for the new born.

Now what would happen if this was not done? The baby would become a British Citizen on the day the parents get ILR, by virtue of being born in the UK and one of the parents subsequently becoming settled (ILR) in the UK.

No registration would be required, simply send along a passport application to UKPS with the baby's UK birth certificate and parents passports with ILR endorsement and marriage certificate.

[John]

Smit, is that right? Surely if the birth of the child in the UK precedes the date when one or both of the parents gets their ILR then it is necessary for an application to be made to Register the child as British, form MN1 being used for the purpose.

I don't think the child becomes British automatically.

Compared to ... one or both of the parents has their ILR when the child is born ... the child is British automatically as from birth.

[Smit]

Sorry, John, you are right, got mixed up. MN1 is indeed the correct form to use. I do not think that failure to obtain a visa or passport for the child will affect the MN1 application.

[John]

I agree with that, but as it will be 2 (or possibly 3?) years before the parents get their ILR I still think that it is taking an unnecessary risk ... tying the child into the UK .... if no UK visa obtained in the non-UK passport.

Biggie, when did your husband come to the UK on his WP?

[Biggie]

I agree with that, but as it will be 2 (or possibly 3?) years before the parents get their ILR I still think that it is taking an unnecessary risk ... tying the child into the UK .... if no UK visa obtained in the non-UK passport.

Biggie, when did your husband come to the UK on his WP?

John and Smit,

Thanks for the info, in regards to your question he got the work permit in April 2003 and it was an in country application as he had been a student for one year prior to the work permit.

thanks.