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What is the immigration status of your child if you are on a Tier 2 visa?

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.

If my child is born in the UK, will he/she automatically become a British citizen?

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.

Can I leave the country with my newborn child?

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.

Will my child ever be a British national?

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.

Do I have to have a visa for my child?

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.

How we can help

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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