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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11819
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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i am a student and my wife a dependant both from nigeria is

Customer Question

i am a student and my wife a dependant both from nigeria is due to give birth what are our rights with the child after the birth and if after my studies i want to apply for post study work visa do i need to obtain a nigeria passport for my new born baby before i can submit my application.
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  INC replied 7 years ago.

Hi,

 

Thanks for your question.

 

You will not necessarily have to submit an application for a Nigerian Passport, although it would be worth you doing so as the baby will require some form of travel document.

 

As neither parent is a UK National, the baby will be a Nigerian National and you will need to apply for a passport in any event if the baby is to travel outside of the UK.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to disucss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 7 years ago.
I asked that what are our rights and the child born in this country as a students and a students dependant
Expert:  INC replied 7 years ago.
What rights in particular are you referring to?
Customer: replied 7 years ago.
I mean as the child born in UK does he have the rights to claims full british citizens rights and how is that of his status change his parents status here in UK.
Expert:  INC replied 7 years ago.

Hi,

 

In response to your question, the child will not automatically become a UK Citizen unless one of teh parents is a UK Citizen.

 

You will need to make an application for a Dependants Visa for the Child. i.e. the child would then become the dependant of a person who has been granted a student visa in the UK.

 

 

If you wish to disucss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 7 years ago.
How many years will he spend to become a british citizen in uk and if he go back to nigeria and intend to come back to claim his citizenship as a person born in UK.What age does he need to come back to claim?
Expert:  INC replied 7 years ago.

Hi,

 

He will have to be in the UK for a period of 5 years before being eligible for Indefinte Leave to remain. Once granted ILR, a person should not remain outside of the countr for a period of 2 years or more or the ILR will be reviked.

 

Once the child is 18, they become an adult and will have to make an application of tehir own as opposed to a dependants application.

 

 

If you wish to disucss, please feel free to ask further questions.

 

Kind regards,

 

Customer: replied 7 years ago.
Well i am not really clear about all your answers,you said a child born here does not need a nigeria passport to extend his stay here. Which form of document do i need to put for the child application if i and my family want to apply to extend our stay?Also you said he must say in the country for 5years before he can apply for ILR. Must it be on current parent status or another visa catergory?I had a child she was born in Nigeria she is here with me.Can she apply for ILR after 5 years in the country or how many years will she be able to apply for anything in UK?
Expert:  INC replied 7 years ago.

Hi,

 

The chi8ld can be endorsed on teh mothers passport for the purposes of any application, however, it would be best for you to make an application for an indvidiual passport.

 

Once in the UK for a period of 5 years, as a dependant, the child will be eligible for ILR.

 

The Child who was born in Nigeria would be eligible for ILR after 5 years in the UK.

 

 

If you wish to disucss, please feel free to ask further questions.

 

Kind regards,

 

Customer: replied 7 years ago.
Please i need current and confirm information about the ILR visa for any child born in UK.Because i learnt he must be in country for 7 to 10 years and even the child born outside must spend 10years before she can apply for ILR.

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