If you're in the UK on a Tier 2 visa, then you may be wondering what happens if you or your partner gets pregnant. The main concern is what status your child will have once they are born. In this article, we discuss where you and your child rights are from a legal perspective.
It is a tricky situation as if you do not have indefinite leave to remain then you remain in limbo. Below we have a look at the frequently asked questions about this subject and try to explain the process.
No. From a legal perspective, a child is British when they are born to at least one British parent or the parents have indefinite leave to remain. This is due to a potential loophole that would then allow the parents to be dependent on the child. The UK has tightened up the rules on this in the last few years.
You will need a visa for the child as they are not a British citizen. An application will need to be made for the child. They will be considered a dependent and will need the visa to suit.
You will need to ensure that you match the eligibility criteria required for the Tier 2 dependent visa. This means that you can prove your income and maintenance funds, English language skills and eligibility to remain.
Once you have indefinite leave to remain then you can apply for British citizenship for your child. Until that point, they will be dependent on your visa to remain in the UK.
Once you have indefinite leave to remain it will be worth applying for British citizenship for your child so that their rights are guaranteed whatever changes are made to immigration rules.
You will only need a visa for the child if you plan on leaving the country. If this isn't likely then it isn't a requirement. It may be prudent to have one for your child in case you need to leave the country in an emergency if you still have family who lives outside of the UK.
Our specialist immigration solicitors can help clarify your situation for you. Speak to us today if you are concerned about your immigration situation. We can try to allay your fears and provide you with constructive support and advice tailored to your situation.
We can help with applications, appeals and any conceivable query relating to Immigration law in the UK. So speak to us about your queries today.
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I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
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I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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