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Right of Abode for a child born outside UK for an ILR / Naturalised Parent

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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

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Vernika11
Newly Registered
Posts: 13
Joined: Wed Jan 10, 2018 2:11 am
United Kingdom

Right of Abode for a child born outside UK for an ILR / Naturalised Parent

Post by Vernika11 » Wed Jan 10, 2018 2:23 am

Hi,

Looking for help or guidance around the entry clearance for my child.

I currently hold a British citizenship since Jan 6th 2018 and applied for naturalisation on July 20th 2017. I got my citizenship /ILR through Tier 2 PBS 5 year category.

My wife is on Tier 2 Dependant visa valid until Jan 2020. My child was born in India on 11th October 2017. I haven't received my citizenship by that time but application was in progress.

The question is what visa does the child requires as part of entry clearance? Is she eligible for Right of Abode? If not Settlement for dependant child or Tier 2 Dependant

Please provide some guidance

Looking forward to your quick response.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right of Abode for a child born outside UK for an ILR / Naturalised Parent

Post by vinny » Wed Jan 10, 2018 2:36 am

Child is not British and therefore does not have the right of abode.

Child may apply for a PBS dependant visa, in line with mother.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Vernika11
Newly Registered
Posts: 13
Joined: Wed Jan 10, 2018 2:11 am
United Kingdom

Re: Right of Abode for a child born outside UK for an ILR / Naturalised Parent

Post by Vernika11 » Wed Jan 10, 2018 1:08 pm

Thanks for your quick reply Vinny.

I was just doing some research and filled up some assessments on UKBA site, it says that my child can apply for ILR from India. Is that not true? do u think it will get refused?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right of Abode for a child born outside UK for an ILR / Naturalised Parent

Post by vinny » Wed Jan 10, 2018 1:33 pm

Unfortunately, that’s untrue. There are no provisions under the Immigration rules in these circumstances.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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