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British Citizenship for child born in India of ILR father

Posted: Sat Mar 16, 2013 1:51 pm
by mahendervs
Hi
My story - I got ILR in Dec 2010 but I left UK for India in April 2011 for my business assignment . My wife got dependant visa of ILR person in 2011.In Oct 2012 my daughter was born and I made an Indian passport . Now I returned back to UK in jan 2013 and want to bring my daughter and wife in UK.my wife has got the visa but my questions are
1- can my daughter apply for the british passport in India?
2-if not what kind of visa she will need ?
3-what documents I will need to submit ?

Thank you
Help will be really appreciated

Posted: Sat Mar 16, 2013 2:15 pm
by vinny
1. If neither parents were not British when child was born outside the UK, then child isn't British. If a parent had ILR when child was born in the UK, then child is automatically British (1(1)).
2. A non-British child may apply for a Child settlement visa. British Citizenship will be Subject to discretion (3(1)).

Posted: Thu Mar 21, 2013 12:39 pm
by mahendervs
Thank a lot Vinny
I have another question if I want to bring my daughter on family visitor visa asap will it affect her later application of Child settlement visa ?
Or are there any other ways of immigration to bring her here sooner ?

Thanks a lot in advance

Posted: Thu Mar 21, 2013 2:24 pm
by vinny
See also visitor Guidance.
Note that
A visitor must intend to depart the UK at the end of the visit.
A visitor cannot switch status while in the UK.