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When to have a child for Spouse Visa?

Discussion in 'UK Visa and Immigration Help' started by NepNoy, Nov 27, 2019.

  1. NepNoy
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    NepNoy Member

    Hi all,

    A British Citizen (Not by Birth) and Spouse have been living in UK for 3 years, Still 2 years to apply for ILR, then Citizenship.

    1. But if we have a child born in UK, do we have to apply for child when applying for Spouse for ILR?

    2. Will the child automatically become British Citizen? and still need to apply?

    3. Does a child in 'Visa Rule System' means A child after 1 year old? I mean, what if the child is under 6 months when applying for ILR for spouse? Isn't it Newborn or Infant or Toddler But not child?

    4. Although not about finance, but when applying for spouse for ILR, and if we have to mention child in the paperwork, then the fees not £18500 but £23000?

    5. When is the best time to have a child in this situation? After granting ILR? or After spouse becoming British Citizen? (but quite long..2 years!!) or it's also ok before ILR ? (But complicated when applying for ILR)

    Thanks.
  2. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    For clarity are you saying you are a British Citizen by naturalisation and your wife is on the visa journey?
    If the answer is yes then any child you have from now would become a British Citizen.
    So your questions after that need not be concerning.
    However you must declare the child as a dependant on your wife's future visa applications but it will not affect the earning threshold £18600.
    Your child or children will not be allowed to pass on their British Citizenship to their kids
    • Agree Agree x 1
  3. oss
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    oss Somewhere Staff Member

    I agree, but, if this is a naturalised British Citizen and the child was born in the UK then the child is a full British citizen otherwise than by descent and will be able to pass on their citizenship.

    It is only children born outside of the UK to a British Parent who are deemed British by descent and who can't pass on their citizenship unless their children are born in the UK.

    If my daughter Janna had kids in the UK the kids would be British, if she had her children in the Philippines they would have no claim on British citizenship.

    edit: UK citizenship is an odd mix of Jus Soli and Jus Sanguinis, see https://en.wikipedia.org/wiki/British_nationality_law#Classes_of_British_nationality.
    Last edited: Nov 27, 2019
    • Agree Agree x 1
  4. oss
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    oss Somewhere Staff Member

    Mattecube is correct if one of you is currently a British Citizen then the child is British if born in the UK and non of your other points matter.

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