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ILR for Child from India who born in UK
Posted: Tue Aug 06, 2013 8:49 pm
by sivach
Hi,
We are on Tier 1 and my daughter born in UK and has Indian passport with no VISA as I am supposed to apply for citizenship once we get ILR next month. But we are travelling to India this month as have some urgent work and we return to UK in 10 days leaving our daughter in India and apply for ILR. Once we (parents) get ILR we are planning to bring our daughter to UK. I would like to know what VISA options I have to get my daughter back to UK please.
ILR Eligibility- After 16th Sep
India Travelling 20th Aug. return soon in 10 days to apply for ILR.
Posted: Tue Aug 06, 2013 9:30 pm
by Amber
I assume you're wanting the child to be British as you plan to naturalise. Your child will be entitled to register as British once you're granted ILR under section 1(3) this can be done in the UK on form MN1. Once registered you can get the child a British Passport or CoE the latter being quicker to get abroad.
ILR for Child from India who born in UK
Posted: Tue Aug 06, 2013 9:35 pm
by sivach
Hi Amber,
Is it possible to register for naturalization using MN1 form while child is in India if so I believe I can apply for british passport in India. But it takes around 6 months.
Any other option I have like applying for settlement for her in India and get her back to UK?
Thanks for your help.
Posted: Tue Aug 06, 2013 11:15 pm
by Amber
Applying for a certificate of entitlement in India should only take 4-6 weeks once the child is registered as British.
Posted: Wed Aug 07, 2013 1:21 pm
by sivach
Hi Amber,
You mean get naturalized child in UK while she is in India and apply for certificate of entitlement in India to get her back to UK?
Posted: Wed Aug 07, 2013 1:27 pm
by Amber
sivach wrote:Hi Amber,
You mean get naturalized child in UK while she is in India and apply for certificate of entitlement in India to get her back to UK?
Indeed, but the child is registered as British not naturalised.
Posted: Wed Aug 07, 2013 2:07 pm
by saanju9
The child is neither British nor Naturalised
So the standard rules apply to the child...
If you do the way you described above...
that is leaving the child in India and the parents comeback to UK to apply for the ILR then the child have to apply for a ILR in India on an Indian passport (once the parents get their ILR) and then come down here and apply for British naturalisation after 3 years
otherwise, you can apply for ILR and then the child could apply for MN1 and then apply for british passport and then visa to India...and then go to India.. I don't think thats an option
To my knowledge the child doesn't not come under immigration control
as long as the child doesn't travel abroad... but once she crosses then the child will be...
You can browse through these webpages... however I couldn't find a concrete answer to the question...
http://www.ukba.homeoffice.gov.uk/briti ... /children/
Its a grey area... If you find any answer please post
regards
Posted: Wed Aug 07, 2013 2:13 pm
by Amber
saanju9 wrote:The child is neither British nor Naturalised
So the standard rules apply to the child...
If you do the way you described above...
that is leaving the child in India and the parents comeback to UK to apply for the ILR then the child have to apply for a ILR in India on an Indian passport (once the parents get their ILR) and then come down here and apply for British naturalisation after 3 years
otherwise, you can apply for ILR and then the child could apply for MN1 and then apply for british passport and then visa to India...and then go to India.. I don't think thats an option
To my knowledge the child doesn't not come under immigration control
as long as the child doesn't travel abroad... but once she crosses then the child will be...
You can browse through these webpages... however I couldn't find a concrete answer to the question...
http://www.ukba.homeoffice.gov.uk/briti ... /children/
Its a grey area... If you find any answer please post
regards
Most, if not all of what you have wrote is incorrect, if you're not sure about the rules, perhaps it's best to ask.
Posted: Wed Aug 07, 2013 2:15 pm
by Amber
D4109125 wrote:I assume you're wanting the child to be British as you plan to naturalise. Your child will be entitled to register as British once you're granted ILR under section 1(3) this can be done in the UK on form MN1. Once registered you can get the child a British Passport or CoE the latter being quicker to get abroad.
Posted: Wed Aug 07, 2013 2:15 pm
by vinny
saanju9 wrote:however I couldn't find a concrete answer to the question...
What is your question? Amber has already answered sivach's question.
Posted: Wed Aug 07, 2013 8:48 pm
by sivach
Hi,
Thanks all for your replies.
As per Amber the process then is
1) Register child as British ( Not Naturalization) in UK even she is in India -- what is the form to be used?
2) Apply for certificate of entitlement in India.
Please confirm.
Posted: Wed Aug 07, 2013 10:57 pm
by vinny
Posted: Thu Aug 08, 2013 10:26 am
by saanju9
D4109125 wrote:saanju9 wrote:The child is neither British nor Naturalised
So the standard rules apply to the child...
If you do the way you described above...
that is leaving the child in India and the parents comeback to UK to apply for the ILR then the child have to apply for a ILR in India on an Indian passport (once the parents get their ILR) and then come down here and apply for British naturalisation after 3 years
otherwise, you can apply for ILR and then the child could apply for MN1 and then apply for british passport and then visa to India...and then go to India.. I don't think thats an option
To my knowledge the child doesn't not come under immigration control
as long as the child doesn't travel abroad... but once she crosses then the child will be...
You can browse through these webpages... however I couldn't find a concrete answer to the question...
http://www.ukba.homeoffice.gov.uk/briti ... /children/
Its a grey area... If you find any answer please post
regards
Most, if not all of what you have wrote is incorrect, if you're not sure about the rules, perhaps it's best to ask.
Ok what was wrong....
The child in this case has an Indian passport (without a UK visa)although born here in UK because the parents are not settled here...
secondly the parents and the child want to travel abroad before applying for ILR for the parents and want to leave the child there...
So once the child crosses the boarders of UK he/she will have no legal right to comeback ( do you have any other evidence from UKBA which says otherwise)...
Then the parents wants to comeback without the child and apply for ILR...
I think then the child need to apply for ILR in India ...
your answer is correct but not in this scenario I guess... and could if I am wrong could show me some publications and citations from UKBA please
Thanks a lot
Posted: Fri Aug 09, 2013 6:25 am
by sivach
Hi Amber,
Please can you confirm the process of steps in detail as it helps me a lot.. Thank you very much for your help.
Posted: Fri Aug 09, 2013 7:13 am
by vinny
I've added some links in Amber's
post for you. Try clicking on them for more details.
Posted: Fri Aug 09, 2013 7:56 am
by Amber
saanju9 the OP clearly stated that they intend to bring their daughter back after getting ILR.
Re: ILR for Child from India who born in UK
Posted: Fri Aug 09, 2013 8:13 am
by ukba2536
Posted: Fri Aug 09, 2013 11:31 am
by ukba2536
sivach wrote:Hi,
Thanks all for your replies.
As per Amber the process then is
1) Register child as British ( Not Naturalization) in UK even she is in India -- what is the form to be used?
2) Apply for certificate of entitlement in India.
Please confirm.
1) Register child as British ( Not Naturalization) in UK even she is in India -- what is the form to be used?
As your child was born in UK and once you get ILR then you can register child as a British Citizen under section 1(3) using application form MN1 . that too you can apply either from India or within UK.
http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf
If you want to apply from UK make sure you have your child passport documents notarized from India. Because some countries don't allow carrying others passports and bring all child documents ( i.e Birth Certificate, Red Book, Child discharge certificate from Hospital after child Birth, And if have any address proof letters on child name)
And you can apply through Nationality Checking Services by booking an appointment with them
http://www.ukba.homeoffice.gov.uk/briti ... locations/
see this links something related to your situation
http://www.immigrationboards.com/viewto ... highlight=
http://www.immigrationboards.com/viewto ... highlight=
2) Apply for certificate of entitlement in India.
http://www.ukba.homeoffice.gov.uk/sitec ... de_roa.pdf
https://apply.ukba.homeoffice.gov.uk/ia ... STATE=true
***** Applying British Passport from India
http://www.immigrationboards.com/viewto ... highlight=
Good Luck
Posted: Fri Aug 09, 2013 8:55 pm
by sivach
Thanks Amber and ukba2536 for your guidance
Re: ILR for Child from India who born in UK
Posted: Sat Feb 01, 2014 1:05 am
by sivach
Hi I am applying for COE for Right of Abode from India for my daughter. She has been registered as british citizen already. I have few queries with regards to the online application.
1) Do we need to fill Employment and Income details section? If so what details need to be filled.
2) Are you staying at private address in UK? What should be answered as there is no Father or Mother relation available in the list if i choose Yes and to answer for the question with whom you will stay.