Help please_ILE expiry & Naturalisation

[pbs6vas]

Dear Experts on this forum,
I received my 5month old son’s settlement visa in India today. It says indefinite leave to enter But it got a valid upto 21/12/2015(Same as passport expiry date). He is born in India. I am planning to apply for his naturalisation after his arrival in UK along with mine. Does this cause any problem?. Experts please advice.Thank you very much for ur help in advance
With regards

[Greenie]

The expiry date merely refers to the expiry date of his passport. He has been granted indefinite leave to enter therefore he can stay indefinitely. If his passport were to expire before he applies for citizenship he can apply for a no time limit stamp in his new passport.

[pbs6vas]

Hello,
I & my wife both got ILR on 14/01/2010 after 4 yr HSMP JR.

My wife went to India to deliver my son on 12/06/2010. She delivered on 02/09/10. We applied for indian passport on 21/9/10 after the issue of birth certificate and passport finally got issued on 21/12/2010. Settlement visa applied on 29/12/2010 and recieved visa on 21/02/2011. I am going to india to bring them with me on 03/04/2011. I am planning to apply Naturalisation for myself and my son through NCS on 05/04/2011.
As a result of this my wife is going to be away for 9.5 months in total.
I saw in one of the threads that if one of the parents is away for more than 6months........kids application might not be considered. Is it true?
I got proof that it is not our fault. I have passport application reciept, date of issue of passport & visa to support this.
Is this really a problem for my son's application??
Do I need to submit any letter with my son's MN1 application, explaining reasons for her stay more than 6months. Does this help.
Thank you very much for ur help.
with regards

[pbs6vas]

@sushdmehta

I am suprised ..............U locked my other topic which got completely different query. Now I am forced to post in my previous topic with different query & answer. 119 views and no reply
Thanks for ur help anyway

[pbs6vas]

Hello,
I & my wife both got ILR on 14/01/2010 after 4 yr HSMP JR.

My wife went to India to deliver my son on 12/06/2010. She delivered on 02/09/10. We applied for indian passport on 21/9/10 after the issue of birth certificate and passport finally got issued on 21/12/2010. Settlement visa applied on 29/12/2010 and recieved visa on 21/02/2011. I am going to india to bring them with me on 03/04/2011. I am planning to apply Naturalisation for myself and my son through NCS on 05/04/2011.
As a result of this my wife is going to be away for 9.5 months in total.
I saw in one of the threads that if one of the parents is away for more than 6months........kids application might not be considered. Is it true?
I got proof that it is not our fault. I have passport application reciept, date of issue of passport & visa to support this.
Is this really a problem for my son's application??
Do I need to submit any letter with my son's MN1 application, explaining reasons for her stay more than 6months. Does this help.
Thank you very much for ur help.
with regards,

[geriatrix]

I saw in one of the threads that if one of the parents is away for more than 6months........kids application might not be considered.

Please provide link (to the thread/topic/post).

See also Chapter 9: Registration of minors at discretion for detailed information about eligibility, requirements and discretion(s) allowed with regards to registration of minors at discretion.

And, please be patient when seeking help. People can view new posts and will respond if and when they wish to. The more you "demand" help, the more people may be annoyed or be put off from responding, IMHO.



regards

[pbs6vas]

Thanks for ur post. I never demanded for help.it is frustating for someone to lock the topic with no reply for no obvious reason.

Please find the link below & as also relevant post copy

http://www.immigrationboards.com/viewtopic.php?t=71927

Posted: Thu Feb 17, 2011 6:20 pm Post subject:

--------------------------------------------------------------------------------

In addition to sushdmehta's comments you should also keep in mind what is says at 9.17.2

Future intentions
9.17.2 The most important criterion is that the child's future should clearly be seen to lie in the UK. A reliable indicator should be the applicant's and/or the family's past behaviour. If that suggests an established
- 40 -
way of life in the UK, and we have no reason to think that this will not continue, we should accept at face value that the child intends to live here.
9.17.3 If there is any information to make us doubt that the child's future lies here, for example:
•
the child, or one or both parents, has recently left the country for a period of more than six months •
the child is about to leave the United Kingdom
•
one or both parents is resident abroad,
we should write to clear up the point. If our doubts are serious, and we are still not satisfied this criterion is met, the application should be refused.
Thanks for ur help
With regards,

[geriatrix]

You need to read 9.17.2 - 9.17.4 to fully understand the context - "future intentions".

A reliable indicator should be the applicant's and/or the family's past behaviour.

Birth of a child outside the UK on one instance is not a "behaviour" and cannot be viewed as the only measure to ascertain "future intentions" of the child.

There are a large number of immigrants who return home for child birth, go through the same process as you did to get a passport and visa for the new born, and then apply for child's registration as a British citizen after the child arrives in the UK.

Nevertheless, if you are worried that your spouse's absence from UK on account of child birth, and time delay as a result of passport issuance and entry clearance may affect your child's registration, then a brief explanation of the facts in the covering letter / in the form (if space for additional information given) should be sufficient.

Alternatively, you may wish to delay your joint application (your naturalisation + child's registration) by a few months? Not needed, IMHO, but this is an option too.


regards