Register for BC - baby born in India

[san38]

Dear Experts,

I have read the below two posts in forum

http://www.immigrationboards.com/britis ... l#p1343767

http://www.immigrationboards.com/britis ... 59499.html

And also read section 9.17 (Registration of minors at Discretion), but still, I wanted ask second opinion before I apply for Indian Passport. Below is my case/situation...

1: I was granted ILR - 01/2015
2: My wife granted FLR(M) - 05/2015 (she was in UK on Tier 2 for 2 years before that)
3: My wife (while pregnant) traveled to India in 12/2015 to get family support.
4: I applied for naturalization 01/2016
5: My application was approved and invited for ceremony by mid of 03/2016, booked my ceremony of first week of May (as there were no appointment's available until end of April, since I had to travel for my child birth I chose May).
6: My kid was born 04/2016 (two weeks after my approval and two weeks before my ceremony).

In this case, is there any chance that my kid be considered(at discretion) to register as BC ?

Please help.

Thank you.

[CR001]

No, your child is not British. YOU are only British once you have attended the ceremony.

Child would have been automatically British if the child had been born in the UK.

Child will need visa in line with mother's visa.

[san38]

Thanks CR001 for quick reply. looks like i need to start saving for visa fee + NHS surcharge .

[secret.simon]

is there any chance that my kid be considered(at discretion) to register as BC?

The discretion that is granted to the SSHD is not meant to be exercised nilly-willy, but taking into account various factors. Pages 13-14 of the Guide MN1 give you an idea of what the caseworker would look at.

•  The child’s connections with the UK – we would expect the child to be free of any restrictions on his or her stay in the UK
   Where the child’s future is likely to lie
   The parents’ views
   The parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK.
   Whether the child is of good character
   The length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13)
   Any compelling circumstances.

As CR001 has advised, your child does not meet the criteria that the Home Office considers it requires.

3: My wife (while pregnant) traveled to India in 12/2015 to get family support.

Had the child been born in the UK, it would have been born a British citizen.

Given that the child will only get ILR when its mother gets ILR and the fees for FLR(M) go up every year as may the IHS, that is very expensive family support that your wife has received.

You will also need to prove an annual salary of £22,400 for the wife+child on the next visa application.

[san38]

Thanks for your reply, it is indeed very expensive support
I was only trying to understand if there is any hope from the below section (CHAPTER 9: REGISTRATION OF MINORS AT DISCRETION)

Citizenship and immigration status of the parents
9.17.9 We should normally expect that:
at least one parent is a British citizen or
one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);

and

the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.


By mistake I thought I may fall into above category

[CR001]

No, you don't. You cannot apply for BC for a child born abroad prior to you becoming BC if the child is not in the UK or has not resided in the UK.

A child born abroad is expected to have some residence in the UK and ILR. There is no quick, cheap or easy way. You will have to apply for a visa.

[noajthan]

Thanks for your reply, it is indeed very expensive support
I was only trying to understand if there is any hope from the below section (CHAPTER 9: REGISTRATION OF MINORS AT DISCRETION)

...

By mistake I thought I may fall into above category

For this section to apply my understanding is child's application would have had to have been filed along with the parent who was applying to naturalise.

In other words it would be an application for a foreign-born child who already lived in UK with parents, and all(/most) parties already had ILR, and parent and child had applied for the privilege of citizenship jointly as a family unit.

[san38]

Sure.. Thanks for clarification.

[san38]

In other words it would be an application for a foreign-born child who already lived in UK with parents, and all(/most) parties already had ILR, and parent and child had applied for the privilege of citizenship jointly as a family unit.

This makes more sense to me, thank you.