If your child is born in the UK whilst you are here on a UK work visa, the child does not automatically become a British citizen. You must apply for your child to obtain a dependant visa under your current status and this should be done as soon as possible, but must be done before they turn 18 years old if they wish to remain in the UK.
There are common misconceptions that children born in the UK are automatically British. This isn’t always the case, and it is important to understand the relevant rules to make sure that you are complaint. If you are in the UK on a visa with limited leave, such as a work visa, your child will also be granted limited leave in line with your status. You must therefore apply to obtain a dependant visa for your child who was born in the UK, especially if you intend to travel, as your child will also be required to show a valid visa status when entering the UK.
However, if you become settled (obtain indefinite leave to remain) in the UK and you have a minor child who was born in the UK, the child may now be entitled to register as a British citizen without having to complete 5 years of residence as your dependant. There are various additional requirements your child will need to meet in order to be successful with the registration application. Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.