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Baby born using IVF in India and British settlement visa

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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shrikant124
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Posts: 53
Joined: Sun May 13, 2012 12:55 pm

Baby born using IVF in India and British settlement visa

Post by shrikant124 » Sun Jan 17, 2016 3:05 pm

Hi,

I'm naturalized British passport holder and wife is in ILR. We had a baby 2 months before in India and applying for baby's settlement visa in UK (Baby got Indian passport) from India. We might apply for British passport but the process is long and my wife can't stay outside of UK for more than 2 years only.

Due to medical issues and cost of IVF we opted for treatment in India. This also help to get family help which is very necessary in IVF process. (This is not a surrogacy process)

Do I need to explicitly mention IVF treatment in an application form and attached related documents? e.g. NHS medical letter, Indian treatment letter etc?

Is there anyone who had been in this situation in the past.

Thanks
Shri

vinny
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Re: Baby born using IVF in India and British settlement visa

Post by vinny » Fri Jan 22, 2016 8:00 am

If you were British when baby was born, then baby is automatically British. They may refuse a settlement visa.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 12:55 pm

Re: Baby born using IVF in India and British settlement visa

Post by shrikant124 » Thu Jan 28, 2016 2:08 pm

vinny wrote:If you were British when baby was born, then baby is automatically British. They may refuse a settlement visa.
Hi Vinny,

Thanks for your reply. I was out of town so couldn't reply to your note.

One of the reasons of applying for the settlement visa for my son is that my wife is on ILR and she will be exceeding the limit of 2 years by Dec 2016 in case my son's British passport take long to process. (It takes around 6-8 months)

My wife is planning to apply for the settlement visa for my son in the mid-Feb. Will refusal of settlement visa affect British passport application? I'm happy with Settlement VISA for now if its granted.

any advice would be really helpful.

Shri

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CR001
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Re: Baby born using IVF in India and British settlement visa

Post by CR001 » Thu Jan 28, 2016 2:28 pm

Will refusal of settlement visa affect British passport application?
No

Not sure if you actually clicked on Vinny's links he provided. The one (blue underlined) saying 'refuse' has the information you need, which I have pasted below and contains more links to information.
vinny wrote:A British citizen has the Right of Abode and cannot be subject to grants of leave (46).

For a British citizen without a British passport, a Certificate of Entitlement to the Right of Abode endorsement in an unexpired non-British passport would be appropriate and valid for travel to the UK.

See also Are you a minor, Indian by descent and also foreign citizen?
Char (CR001 not Casa)
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shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 12:55 pm

Re: Baby born using IVF in India and British settlement visa

Post by shrikant124 » Thu Jan 28, 2016 10:25 pm

CR001 wrote:
Will refusal of settlement visa affect British passport application?
No

Not sure if you actually clicked on Vinny's links he provided. The one (blue underlined) saying 'refuse' has the information you need, which I have pasted below and contains more links to information.
vinny wrote:A British citizen has the Right of Abode and cannot be subject to grants of leave (46).

For a British citizen without a British passport, a Certificate of Entitlement to the Right of Abode endorsement in an unexpired non-British passport would be appropriate and valid for travel to the UK.

See also Are you a minor, Indian by descent and also foreign citizen?
Hi CR001 and Vinny,

Thanks for your feedback, I'll read all of this information. This website is a gold mine for people in need.

Shrikant

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 12:55 pm

Re: Baby born using IVF in India and British settlement visa

Post by shrikant124 » Fri Jan 29, 2016 5:13 pm

Hi CR001 and vinny,

I'm preparing son's application for ROA and looking to attached copy of the legislation http://www.legislation.gov.uk/uksi/2006 ... 145_en.pdf to the cover letter. Will this help to explain basis of the ROA in great detail?

Please Advice me

I'm also looking to submit following documents

1. Baby's birth certificate (original)
2. Father's Naturalization certificate (original)
3. Mother's passport and ILR photocopy
4. Mother's Affidavit for birth certificate (Does it really require?I've seen other attaching it)
5. Father's passport photocopy
6. Father's employer letter, payslips & bank statements (original)
6. Cover letter by father (original)
7. TB certificate (Does is really require as my son is 4 months old only)




Shrikant

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