Had a baby while ILR is in a process

[Elena Babintseva]

Hi there!

Was wondering if you can help with the following matter.I applied for ILR at the end of March 2011 along with my partner (I am currently his dependant).I had a baby in the middle of June while waiting for the Home Office reply.
As I m a bit worried about the immigration case I asked the solicitor to contact HO.He told me to provide the birth certificate with names of both parents on it.

Do I really have to do it?We are not settled here yet.The baby is not in the case(just hospital paperwork that I was pregnant).I m not claiming any benefits,the baby is not getting British citizenship as none of us got ILR by the time she was born.

The second question is if I register the baby just on my name would it affect my ILR?

Regards,

[geriatrix]

1. Birth of the child has no affect on your (and your partner's) ILR application. Likewise, who is named on the birth certificate has no relevance to your ILR application.
2. There is "no need" to inform UKBA about the child birth. But you may, if you "wish" to.
3. See also child born in the UK.

[Greenie]

On what basis are you applying for ilr?

[Elena Babintseva]

Thanks a lot for reply Sushdmehta.

Greenie I applied along with my partner.His ILR was based on 4 years of HSMP.We attached the hospital paperwork while I was pregnant as the solicitor requested.But I still dont understand what interest HO would have regarding the newborn.As I mentioned above we didnt claim any public funds,the baby is not British citizen by birth.It is a completely different immigration matter.Confusing...

[Greenie]

Thanks a lot for reply Sushdmehta.

Greenie I applied along with my partner.His ILR was based on 4 years of HSMP.We attached the hospital paperwork while I was pregnant as the solicitor requested.But I still dont understand what interest HO would have regarding the newborn.As I mentioned above we didnt claim any public funds,the baby is not British citizen by birth.It is a completely different immigration matter.Confusing...

why don't you want to send the birth certificate?

[Elena Babintseva]

I dont mind it.The baby will be registered on my name only because my partner is not her biological father.The solicitor insists on both names though.That s why I wonder how it matters

[geriatrix]

I fail to understand why your solicitor is suggesting that you must inform UKBA of the child's birth and send the child's birth certificate to UKBA.

Moreover, if your partner is not the child's father and if your partner is not to be listed in the child's birth certificate - the child cannot be considered as a "dependant" of the main migrant (your partner)! So, why does your solicitor want to send the details of the child to UKBA ... and had included details of the pregnancy with your ILR application in the first place?

Are you and your partner married?

[Elena Babintseva]

Yes we are.The solicitor told me I have to provide it because we attached the hospital paperwork in the application and if I am granted ILR the baby will be eligible to get the British passport.But the baby is not a dependant of the main applicant.It is just 2 of us.I always thought if the child is born while parents are not settled they are not entitled to the British citizenship.Is this correct?