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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife is thai and is on a settlement visa ends in October

Resolved Question:

My wife is thai and is on a settlement visa ends in October and we are applying for ILR.
My question is that we have a baby born last November born and registered here, if for some reason her settlement was declined on documental basis what would happen to the baby's status?
Would the baby add more proof to the application that she would settle here?
She also works as well.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Thanks for your question.

If you are a British Citizen and the child has been born in the UK then the child is entitled to British Citizenship by birth under the British Nationality Act 1981. This means that you will be able to apply for a British passport and need not secure the child’s status in the UK by any form of Visa.

It does strengthen your wife’s case because it adds a further aspect to her Article 8 Right to a Family and Private Life. There will not be a problem in terms of the child’s right to be in the UK and provided your wife has supplied the appropriate documentation and has not spent considerable time outside the UK I would expect that ILR be granted/
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