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cityguru
cityguru, Solicitor
Category: Immigration Law
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Experience:  Approved Immigration Expert.
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Hi! We had a baby in 2011, when my husband had an ILR status

Customer Question

Hi! We had a baby in 2011, when my husband had an ILR status and I was on spouse visa. I have now completed a 2 year period in UK so will apply for ILR. Do I also need to apply for my baby boy. Is he a british citizen by birth.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  cityguru replied 3 years ago.
If your husband was settled here at the time of your son's birth then he will be British citizen by birth and not subject to immigration restrictions so he is entitled to a British passport and does not need leave to remain. You can apply for a British passport on production of his birth certificate and your husbands passport as evidence of his settled status.
Customer: replied 3 years ago.


I was told by the national checking services that the indefinite leave to remain status of my husband did not entitle my child to being a british citizen. Only if my husband had british citizenship my child would be a British citizen

 

Expert:  cityguru replied 3 years ago.
That is not correct. He is entitled to nationality under s1 of the British Nationality Act 1981. This is absolutely clear - what is required is to be born her and one parent either to be a British Citizen or to be settled here. Settlement includes having ILR. So whoever told you your son is not entitled to citizenship is talking nonsense.

You will see confirmation of this on the UKBA website but as I say it is clear in the ACT

http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

You need do nothing but you can apply for a passport if you wish. You simply get a first passport application form.

cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13323
Experience: Approved Immigration Expert.
cityguru and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much for your advice I will apply for his passport asap.

Expert:  cityguru replied 3 years ago.
That is fine. You will need to provide evidence of his fathers ILR as well as his birth certificate
Customer: replied 3 years ago.

I am on spouse visa and my husband on ILR, since my baby was born here my husband claims child benefit. Now since I am applying for ILR for myself our lawyer said it will difficult if we show we claim child benefit, since it is a public fund n my spouse visa says no recourse to public fund. Please advise.

Expert:  cityguru replied 3 years ago.
Child benefit if it is the standard non means tested benefit has been an entitlement of anyone with a child and should not be counted as public funds. It is in fact listed incorrectly on the UKBA as a payment to low income families and you can dispute this for previous years. Additionally the public funds referred to are public funds necessary for your support not those of your husband or child who are entitled to be her anyway. If you continue to claims child benefit it may become a problem as form this year it is partially means tested but I do not believe you could be rejected just for your husband claiming child benefit to which he is entitled
Customer: replied 3 years ago.

sorry did not understand the last bit where you state that if I continue to claim child benefit it may become a problem. Please explain.

Expert:  cityguru replied 3 years ago.
Child benefit will become partially means tested in 2013 as you be aware families were on party earns over £50,000 will no longer eligible but I still don not believe it would be a proper basis for refusal as £50,000 is much more than you need to show for the adequate means test so you do not need to worry about it.
Customer: replied 3 years ago.

If my husband wants to apply for British citizenship how should he do it and how much time does it take.

Expert:  cityguru replied 3 years ago.
You can find everything you need to know on the UKBA website see here

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/
Customer: replied 3 years ago.

We are applying for our sons British passport. Me and my husband have Indian passport. We intend to travel to India for holidays do we need to apply for Visa for my son.

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