Could baby born abroad get ILR?

Irene2007 · Post by **Irene2007** » Thu Jun 14, 2007 9:33 am

Hubby and me have both got the ILR of UK last Feb but we are now living in Macau as hubby's been working here. I'm pregnant and probably will give birth to my baby here in Macau.

Just wanna ask if I could apply for the ILR for my baby after he/she was born (outside UK)?? Has anyone had any experience doing it?

Thanks in advance......

maveli62 · Post by **maveli62** » Thu Jun 14, 2007 9:35 am

We did the same and baby got an ILE (indefenite leave to enter) which is as good as ILR.

Irene2007 · Post by **Irene2007** » Thu Jun 14, 2007 9:50 am

Thanks a lot for your reply...it sounds great...

Could I ask how you applied for it? Thru any British embassy?

If the baby wants to apply for the British citizenship in the future, what sort of requirements will be needed?

Thanks again..

jazbaati99 · Post by **jazbaati99** » Thu Jun 14, 2007 9:50 am

Same for myself as well, both me and wife were on ILR so baby born abroad was given an ILE visa.

Irene2007 · Post by **Irene2007** » Thu Jun 14, 2007 9:58 am

jazbaati99 wrote:Same for myself as well, both me and wife were on ILR so baby born abroad was given an ILE visa.

Thank you very much..

So with an ILE visa, the baby will have to enter the UK within two years otherwise the visa will expire?

maveli62 · Post by **maveli62** » Thu Jun 14, 2007 10:28 am

I am not aware of a 2 year limit on ILE.

What we did is applied to the Britsh Embassy (highCommission) and got the stamp in 2 days.

As far as Citizenship is concerned you can apply for the baby as well when you do so provided baby is present in UK.

jazbaati99 · Post by **jazbaati99** » Thu Jun 14, 2007 11:51 am

Hi,

The expiry date on my baby's ILE wise was the same as the expiry date of his passport. From what I've read on this board is that ILE either has an expiry date of two years or the expiry date of the passport. Basically you have to enter within the expiry date and once you do that you have an effective indefinite stay.

You can include your baby in your naturalization application. If I am not mistaken it will be under section 3(1).

I intend to include my baby with my wife's naturalization application due shortly.

Regards

jazbaati99 · Post by **jazbaati99** » Thu Jun 14, 2007 11:53 am

Do check the processing times from the respective high commission / embassy. In our case it was three months (from British High Commission in Islamabad, Pakistan).

Also do keep in mind that it might make more sense to have the baby in UK as your baby will be a British citizen by birth. The paper work for your baby's passport is a lot less hastle than the documents required for an ILE. Moreover after ILE your baby will be registered as a British citizen which means that any of her children (your grand children) will not be British unless they are born in UK.

Wish you best of luck for your coming weeks and months.

Post by **JAJ** » Thu Jun 14, 2007 1:04 pm

jazbaati99 wrote:Moreover after ILE your baby will be registered as a British citizen which means that any of her children (your grand children) will not be British unless they are born in UK.

Section 3(1) registration confers British citizenship otherwise than by descent (unless one of the parents is British when the child is born)

sunnyday · Post by **sunnyday** » Thu Jun 14, 2007 5:43 pm

huh?

so your baby can be british citizen when she grows up if she wants to. but her children cannot be?

Confused

jazbaati99 · Post by **jazbaati99** » Thu Jun 14, 2007 8:35 pm

Well yes, the grand children will not be British unless they are born in UK. As the child (baby) will be a registered British Citizen.

Post by **John** » Thu Jun 14, 2007 10:53 pm

jazbaati99, yes but that does not apply to your child.

When you and/or your wife apply for Naturalisation it will be possible to apply to Register your child as British. All three applications, when granted, will be for British Citizenship otherwise than by descent ... and accordingly your grandchildren will be British, wherever born in the world.

I intend to include my baby with my wife's naturalization application due shortly.

Up to last December is was merely a question of including the child on the AN application form being used by a parent to apply for Naturalisation. Now a separate form MN1 needs to be completed in respect of the application to Register the child as British.

Post by **JAJ** » Thu Jun 14, 2007 11:36 pm

jazbaati99 wrote:Well yes, the grand children will not be British unless they are born in UK. As the child (baby) will be a registered British Citizen.

This is wrong information.

jazbaati99 · Post by **jazbaati99** » Fri Jun 15, 2007 9:01 am

Well it does come as a huge relief. Now first of all my apologies for the misguided information, but can I reconfirm for my case.

I just recently received my naturalization certificate. My baby was born abroad (in Pakistan) while myself and my wife was on ILR. I did not include my baby in my application (rather separately on MN1 form) since I had long absences out of UK due to work, so did not want to risk loosing money in child application fees. Now that I have received my citizenship I am planning to apply for my wife and child (they have completed three years here) as soon as I receive my British passport. So in this case can you confirm that

1) The baby's application will be a 3(1)
2) Baby's citizen ship will be otherwise by decent which then means that grandchildren will be British even born abroad?

Many thanks

075534 · Post by **075534** » Fri Jun 15, 2007 12:46 pm

Hi

I read this post and thought it might have some relevance to my circumstances. I am presently in the the Uk on a certificate of entitlement visa (right of abode) in my foreign passport. This visa was issued in pakistan. I believe it has the same stance as indefinate leave to remain as i have been told by many lawyers. However when i was issued with this, my daughter was born after. Can I register her as a british citizen?, she is abroad and i am in the uk.

I await any responses

Post by **JAJ** » Fri Jun 15, 2007 11:39 pm

jazbaati99 wrote:I just recently received my naturalization certificate. My baby was born abroad (in Pakistan) while myself and my wife was on ILR. I did not include my baby in my application (rather separately on MN1 form) since I had long absences out of UK due to work, so did not want to risk loosing money in child application fees. Now that I have received my citizenship I am planning to apply for my wife and child (they have completed three years here) as soon as I receive my British passport. So in this case can you confirm that

1) The baby's application will be a 3(1)
2) Baby's citizen ship will be otherwise by decent which then means that grandchildren will be British even born abroad?

Many thanks

1. Yes.
2. Yes. As noted, section 3(1) registration confers BC otherwise than by descent provided there isn't a British parent at the time of birth. So provided your wife was not British when your child was born, the s3(1) registration will confer British citizenship otherwise than by descent.

jazbaati99 · Post by **jazbaati99** » Sat Jun 16, 2007 7:33 am

John and JAJ, many thanks indeed.

Rgds

Post by **John** » Sat Jun 16, 2007 11:53 am

jazbaati99 wrote:I am planning to apply for my wife and child (they have completed three years here) as soon as I receive my British passport.

No problem you waiting until you get your British Passport, but do appreciate that it is not a legal requirement for British Citizens, like you, to have a British Passport.

That is, you became British as soon as your Certificate of Naturalisation was handed to you at your Citizenship Ceremony. Accordingly applications for your wife (on the basis of just 3 years residence) and your child can be made without you having a British Passport.

jazbaati99 · Post by **jazbaati99** » Sat Jun 16, 2007 12:41 pm

Thanks John. I didn't know that, and now my certificate is off to the passport office. I do hope that it is not going to be full six weeks before I receive it back.

As always, many thanks for your help.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Could baby born abroad get ILR?

Could baby born abroad get ILR?