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UK Immigration: How can PBS migrants legalise the immigration status of their new born child in the UK?

Jan 29, 2010

Under the current UK immigration rules a new born child will not be automatically British merely on the basis of having been born in the UK unless one of the parents is at the time of birth settled in this country i.e. has acquired Indefinite Leave to Remain or British Citizenship.

Therefore, if a Points Based Scheme migrant has a new-born child and wants to submit an application on their behalf as a dependant, they will need to use a PBS dependent form and not an FLR(O) form. At the moment, a legal representative can submit Tier 1 Highly Skilled Migrant PBS dependent applications using the same day service at the Public Enquiry Office. All Tier 2 dependents, however, require now biometric and cannot be used by the representative service.

If you have an enquiry relating to your immigration status or your ability to work in the UK, we can help you. Please contact us or call +44 20 3384 3075.

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