Urgent help needed for settlement visa

[jahan786]

hi i am british citizen and my wife and son made application for settlement on 16th may 2017
9th of november 2017 visa granted for my wife
but my son (1year old) application , UKVI says we cannot issue him a visa as he qualifies for british citizenship
and we will refund all fees .and you apply british passport for him or ROA certificate
my biggest problem is my wife has to travel to uk within a month. spouse visa regulations
she cannot leave my son alone back in pakistan on his own.
british passport application takes 6 month. and i am so worried what i suppose to do now
if my wife don't travel to Uk within in a month , her visa will b cancelled .. and if she travels my son cannot b left alone. back in pakistan .as he is only 1 year old baby .
my question is . Is there any possibility , i can get some emergency travel document . so he can travel with his mother . or is there any way .. i can make application and they can process fast like within a month ?
please help me out of this .. seriously worried and sad
any solutions will b appreciated

thanks for reading

[CR001]

if my wife don't travel to Uk within in a month , her visa will b cancelled .

Nonsense. Simply apply for a new 30 day visa vignette with an intended travel date.

and if she travels my son cannot b left alone. back in pakistan .as he is only 1 year old baby .

Is there no family that can look after him for a couple of days so that your wife can come to the UK, collect her BRP card and then return?

my question is . Is there any possibility , i can get some emergency travel document . so he can travel with his mother .

As he has never held a British passport, no he cannot apply for an emergency travel document.

or is there any way .. i can make application and they can process fast like within a month ?

Had you asked your questions and about options before you applied, you would have been given advice on the best route for your child. Note, a British citizens is not eligible for an entry clearance visa.

[olosh]

I am not very expert, but a month might possibly be long enough to just go ahead and apply for a British passport for your son.

[CR001]

I am not very expert, but a month might possibly be long enough to just go ahead and apply for a British passport for your son.

Please don't give allude to incorrect information. Applications for Passports from India and Pakistan can often take many months and sometimes up to a year. At the very least, it will take at a minimum of 8-10 weeks.

[olosh]

Sorry, I only suggested it as possibility worth exploring, and I did explicitly say that my level of expertise is very low. My daughter was born in Bangladesh with one British parent and we got her passport very quickly, although the application was made whilst she was in the UK.

[jahan786]

if my wife don't travel to Uk within in a month , her visa will b cancelled .

Nonsense. Simply apply for a new 30 day visa vignette with an intended travel date.

and if she travels my son cannot b left alone. back in pakistan .as he is only 1 year old baby .

Is there no family that can look after him for a couple of days so that your wife can come to the UK, collect her BRP card and then return?

my question is . Is there any possibility , i can get some emergency travel document . so he can travel with his mother .

As he has never held a British passport, no he cannot apply for an emergency travel document.

or is there any way .. i can make application and they can process fast like within a month ?

Had you asked your questions and about options before you applied, you would have been given advice on the best route for your child. Note, a British citizens is not eligible for an entry clearance visa.

hi Thanks very much for your reply . you are super star..
yes my immigration solicitor told me you can apply ROA certificate or British passport for child. and i said to him i am spending 2k extra on my son application .. so both applications get sorted at same.. if she had told me your son will never get visa as he qualifies for british citizenship. i would never apply for him.. son is only on mother feed. just bit worried. like i hope he will b ok .but seriously leaving him back in pakistan with grandparents i skip heart beat thinking of it . even for few days. but if i don't have any option i will have to do it.. i have contacted british high commission in pakistan and they say they will get back to me in 3 days.. reason for posting here maybe someone had same problem like me and he sorted in a good way . so yes i ll apply passport asap . .you been so helpful thanks a lot. .
one more question . can i apply for his passport in uk . or application has to be made in pakistan . ?

[jahan786]

to CR
you have a good information
.. this is what UKVI have emailed my about my son application . .
could you plz advise me .. how to respond and get full refund for visa application and ihs fee for my son.
thanks

I am writing to inform you that we are unable to process your application for entry clearance to the United Kingdom.

You have declared on your application form that you are a British national born in Pakistan to a British parent. If this is the case, then you may be exempt from the UK’s Immigration Control, and so you would not require a visa to travel to the UK. This is because British Nationals cannot legally be issued UK visas in any other passport they may hold.

We have deferred your application so that you can decide what to do next. You can:

• withdraw your application and apply to obtain or renew a British passport
• withdraw your application, and apply for a Certificate of Entitlement to the Right of Abode in the UK, which does not limit your immigration status in any way. We are able to refund your visit visa application fee if you choose this option, so please let us know once you have made your application;
• If you do not believe that you are a British national, then it is open to you to provide us with additional information to confirm this.

Please advise us which course of action you intend to take and respond to:

one more question. as they already have my son pakistani passport for settlement visa application . if i apply ROA . and send them GWF ref all documents they already have they need for application.. you think they will process it faster...
just want to choose best option please advise me

[jahan786]

any body here who reads this post . has been in same situation like me.
plz help ..
thanks
regards

[Obie]

Make the certificate of entitlement application and seek a refund of the entry clearance application.

The earlier the better.

[jahan786]

thanks for your reply .. but if i apply passport its very cheap ..
will i be able to still get refund of entry clearance visa .if i apply for british passport for my son ?
and why do you recommend right of abode application ?
could you explain it bit..
and one more thing.. my immigration adviser saying to me apply you son passport with all supporting documents from Uk ? is it acceptable from passport office ?
thanks
regards

[Obie]

I don't the adviser knows what he is talking about. You cannot apply for a passport for a person who is not based in the UK.

[jahan786]

thanks but you can make passport application here and use form supporting documents summit in uk

[Obie]

thanks but you can make passport application here and use form supporting documents summit in uk

That is possible but what your lawyer said is not. You cannot make the application as if it was from the UK.

[jahan786]

thanks but no thanks OBIO
if you dont feel like to answer please dont do it. if you do it just explain it a bit please