Immigrationboards.com

Posted: **Wed May 28, 2014 6:39 pm**

Hello Dear Group,

A bit of a tricky situation here

Situation

I am on ILR and qualify to apply for British Citizenship end of June 2014

My wife and child (1.5 months old) are currently in India - child was born in India and at the time of birth wife was under Tier 1 dependant visa which expired this month (May 2014)

I had applied for ILR even though my Tier 1 visa was still valid for over a year and wife did not apply for ILR with me at the time but continued with Tier 1 dependant visa which expired this month as mentioned above

I need your thoughts/advise on the 2 options for the best interest of the child’s registration as citizen

Option 1 - as mother and child will stay in India for another 5/6 months - should I go ahead and obtain naturalisation and then sponsor wife and child to come in
to uk as my dependants

Once they are here how soon can I apply for the child’s registration ? (My wife wants to remain in the dependant visa and indian passport)
Also is it mandatory that the mother obtains ILR as a pre-requisite for child’s registration ?

Option 2 - Hold off from getting my citizenship until mother and child are back in the UK as ILR dependants

Once they are here can I apply for the citizenship for me and register the child together ? - or does the child need to spend a certain period of time with me in the UK?
Is option 2 possible with mother holding ILR dependant and if required can be changed to British citizenship dependant later?

Apologies for the long post - need your valuable advise for me to plan the right way

Thanks in advance

Mshivz

Posted: **Wed May 28, 2014 9:34 pm**

ILR Dependent and British Citizen dependent is the same visa - Spouse of person settled/British Citizen.

Financial requirement and English A1 language requirement.

For a child born abroad, to register on MN1 it is under section 3(1), which is at discretion.

The mother can eventually apply for ILR rather than remain on a dependent visa. She can choose not to apply for Citizenship and retain her Indian nationality with just ILR and ILR would give her the same rights as British Citizens, however if ILR can be lost if out of the UK for 2 years.

Posted: **Thu May 29, 2014 7:23 am**

Thanks for your feedback CR001

I gather that Visa for dependant of a BC and ILR holder is the same and I shall check up on if it is a same visa procedure for the child as well

Financial requirement - I guess that is something I have to show here
English A1 language requirement - is this different from Life in the UK ? and is this required for my wife while applying under spouse of person settled/BC?

In our case Section 3(1) at discretion is it the only way or is there something like child can cohabilitate with me for 2-3 years and then there is a different process of registering ?

I understand the ILR well - but wanted to know if it is mandatory and a pre-requisite to for child’s registration

Coming to my original question - which option do you think is better - or is it all the same

Best Regards,
Mayur

Posted: **Thu May 29, 2014 9:21 am**

mshivz wrote:Thanks for your feedback CR001

I gather that Visa for dependant of a BC and ILR holder is the same and I shall check up on if it is a same visa procedure for the child as well

Financial requirement - I guess that is something I have to show here Yes, you have to show £22,400pa per for wife and 1 child
English A1 language requirement - is this different from Life in the UK ? and is this required for my wife while applying under spouse of person settled/BC? LIUK is only required for ILR, not spouse visa. She will need A1 English language

In our case Section 3(1) at discretion is it the only way or is there something like child can cohabilitate with me for 2-3 years and then there is a different process of registering ? There is no other process, as the child was born in India, it can only be section3(1) at discretion application.

I understand the ILR well - but wanted to know if it is mandatory and a pre-requisite to for child’s registration I have seen of 1 or 2 successes on the forum but only after refusal and a substantial wait for reconsideration etc, but this was for children who have lived in the UK for a number of years. See Children Section for MN1 applications in the FAQs link below

http://www.immigrationboards.com/britis ... ml#p592355

Coming to my original question - which option do you think is better - or is it all the same Spouse and child visa on VAF4A, it is a 5 year route to ILR. Initial visa will be for 2.5 years, then renew it for a further 2.5 years before ILR can be applied on SET(M). Whether you apply for citizenship or stay on ILR, it doesn't make a difference, it is the same visa they need to apply for.

Best Regards,
Mayur

Posted: **Fri May 30, 2014 12:54 pm**

Thanks CR001

Guess I will go in for my naturalisation now and get it over with and call in wife and child as dependants - as the ILR route for wife is 5 years it suggests that until wife has a ILR registering the child may not be straight forward - please correct me if I am wrong

I have a very good track record in the country and I have even done my masters here - is it wise for me to try and register the child as BC after may be 1.5 - 2 years ? - but wife will still be on a dependant of spouse visa

Thanks in advance
Mshivz

Posted: **Fri May 30, 2014 12:58 pm**

Also to add

Wife has stayed with me for over 5 years in the UK under Tier 1 - she could not apply for ILR when I did due to some urgency and personal reasons

Just wondering if all this convinces the HO that we are here to stay and not leave after citizenship

Best Regards,
Mayur

Posted: **Tue Jun 24, 2014 9:29 am**

Hello CR001 and the Group

All set to apply for family joining settled person visa via Visa4uk online for my wife and 5 month old child

options selected "Settlement-Settlement-Wife" - I have filled up the application and all relevant details in the online form and I am in the process of filling out Appendix 2 - financial requirement

I booked an appointment date with VFS in india and then proceeded to payment section - the fees came out as 92,225 INR - I stopped a moment and thought if this includes visa for both wife and child or I will have to submit another application for child and pay a different fees

Please help if anyone went through the this situation

Best Regards,
Mayur

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