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Noi & Nick
21st Oct 2007, 12:14
A friend of mine and his wife, who are both Pakistani citizens and currently in the UK with work permits, have recently had a new son.

He has been told by staff at the Pakistani High Commission that in order to regularise the baby's status in the UK it is necessary for one of the parents to return with the boy to Pakistan and apply to the British High Commission there.

Is this right, or can they apply to the Home Office here?

Noi & Nick
21st Oct 2007, 12:14
A friend of mine and his wife, who are both Pakistani citizens and currently in the UK with work permits, have recently had a new son.

He has been told by staff at the Pakistani High Commission that in order to regularise the baby's status in the UK it is necessary for one of the parents to return with the boy to Pakistan and apply to the British High Commission there.

Is this right, or can they apply to the Home Office here?

Vinny
21st Oct 2007, 13:50
If they are not traveling outside of the UK with their baby then I believe that they don't have to make an immigration application for their baby! :)

See also Babies born in the UK (http://www.ukcosa.org.uk/student/info_sheets/your_family.php#baby), substituting "work permit holder" instead of "student" where appropriate.


If your child does not have British citizenship, s/he is in the UK legally without having to make an immigration application.

Children born in the UK, who are not British, are not illegal entrants because they have not entered unlawfully. If they have not applied for leave to enter/remain in the UK, then they are not overstayers or in breach of their other conditions of leave because they have not had leave; in principle, therefore, they could remain in the UK indefinitely!

However, if traveling outside the UK, then they should apply for leave to enter/remain under the Immigration Rules (http://www.ind.homeoffice.gov.uk/lawandpolicy/immigrationrules/part8) (304-308). See also 14.7 - Children born in the UK on or after 1 January 1983 but who are not British Citizens. (http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1035796441031#point%20seven)


A child born in the United Kingdom who is not a British Citizen is subject to immigration control. The parents of such a child will normally regularise the child's immigration status, e.g. by applying to the Home Office to have the child given the same leave to remain as themselves. This means that if the child leaves the United Kingdom with its parents, e.g. for a holiday, re-entry will be allowed within the child's existing leave to remain.

Once the parent(s) have ILR they can immediately register their child as a British citizen. The child doesn't have to wait until the parents go for naturalisation.

John
21st Oct 2007, 14:52
A friend of mine and his wife, who are both Pakistani citizens and currently in the UK with work permits, have recently had a new son.

Nick, how long have they been in the UK? And has either/both of the parents got ILR? And in particular did they have ILR when their child was born?

Noi & Nick
22nd Oct 2007, 00:25
Thanks for the links, Vinny. Saved me searching!

Am I right in assuming that they should use form FLR(O) (http://www.ind.homeoffice.gov.uk/6353/11406/flr(o)may.pdf)?

John, I'm not sure how long they have been in the UK, but neither has ILR.

Obviously they do intend at some point to visit Pakistan, but as an in UK application seems to be considerably cheaper than a settlement application there it makes sense for them to do it here first.

Thanks again.

John
22nd Oct 2007, 01:09
But Nick, they will not be making a settlement application, will they!

Just looking at the financial aspect, clearly cheaper applying in Pakistan rather than in the UK. However cost of application is only one aspect. It might be extremely inconvenient for them to apply in Pakistan.

One thing is certain. The child will not get back into the UK without a suitable sticker in his Pakistani passport.

Paul tee nung
22nd Oct 2007, 03:05
So they are here on work permits? And they have a baby? In my eyes they are not british citizens! Another attempt to get in through the back door...Go home!!!

John
22nd Oct 2007, 03:52
What is that Paul, they have had a baby and now should go home?

Let's just recap, they are already here on Work Permit. So they possess an employment visa. They are entitled to be in the UK. And they, a married couple, are entitled to sleep together! And even have a baby!

Once one or both parents has ILR, after 5 years on WP, they will be entitled to register their boy as a British Citizen. And why not!

Tobias
22nd Oct 2007, 03:57
Paul, I'm a little confused with your reply. Why do you believe this is an attempt to 'get in' through the back door? And what do you mean by "Go home"?

Paul tee nung
22nd Oct 2007, 04:23
Posted 21 October 2007 20:14
A friend of mine and his wife, who are both Pakistani citizens and currently in the UK with work permits, have recently had a new son.
They can't have been busy working,sounds to me if they are working on beating the system. so if she can't work anymore due to having a baby, then she should go home. How much as her having a baby here cost british tax payers? ££££lots££££

BigRed
22nd Oct 2007, 04:35
They can't have been busy working

What do you base that on :confused:


sounds to me if they are working on beating the system

Why? are only British Citizens allowed to have a baby?


How much as her having a baby here cost british tax payers? ££££lots££££

based on what?

It really seems that you are making some very racist remarks here as you have absolutely no evidence to back you up. Try and think rationally before you post again as you seem to be digging a big hole for yourself.

BigRed

Tobias
22nd Oct 2007, 05:40
Paul, your comments are very cynical, misconceived, groundless and out of place in this forum. The Thailand-UK Community does not tolerate such unjustified (and potentially racist) contributions. Any further posts of similar ilk will be removed.

Cliff
22nd Oct 2007, 06:09
Hear, hear! Well said, Tobias. :clap:

Noi & Nick
22nd Oct 2007, 10:13
Originally posted by John:
But Nick, they will not be making a settlement application, will they! Of course not, doh! :rolleyes: :o

I assume it will be a work permit dependant that they will need? The same, I think, as they got for their daughter who was born in Pakistan. In which case, far cheaper to apply there.

They do actually plan on visiting family at home in the new year to show off the baby, so I'll advise him to apply to the British High Commission at that time.

Thanks for all the advice.

PTN, others have already given your remarks suitable reply; I'll just add that as work permit holders they have both been working and paying tax and so why should they not use the NHS and claim whatever benefits they are legally entitled to?

I hope no one ever talks to or about your partner in such a fashion.