ILR for child born in UK

[guri_78]

Hi,

I am on Tier1 General visa and applying for ILR in feb 2013 with PEO

My son is born in UK in may 2011(20 months now). He has Indian passport with valid T1G visa. He visited India with us early last year (2012)

What are the +ves & -ves of adding him as a dependent for ILR and subsequently applying his BC?

What are other's experience on this?

Thanks to wpinl_nov12 for mentioning it to me.

Regards

[John]

Is the idea that just after you get your ILR, an application will be made to Register your son as British, using form MN1?

If yes, why apply for his ILR? It would be a waste of money applying for his ILR. The reason is that his application will be a section 1(3) entitlement application. It is just a question of proving that he was born in the UK, and you have ILR, and then there is an entitlement to be registered as British. No UKBA discretion involved ..... his ILR status irrelevant.

[Spidery_thread]

Hi,

I am on Tier1 General visa and applying for ILR in feb 2013 with PEO

My son is born in UK in may 2011(20 months now). He has Indian passport with valid T1G visa. He visited India with us early last year (2012)

What are the +ves & -ves of adding him as a dependent for ILR and subsequently applying his BC?

What are other's experience on this?

Thanks to wpinl_nov12 for mentioning it to me.

Regards

@Guri

+ves, He will get ILR.
-ves There are none by having ILR for him but when you apply for his BC, you'll have to surrender his Indian Nationality.

Termination is covered in Section 9 of the Indian Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation.

Section 9(1) of the act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalisation or registration — even if the acquisition of another citizenship was done as a result of actions by the child's parents.

[guri_78]

Thanks John & Spidery_thread for replies.....

I have some queries on the process.

How the process will go from here for my son step by step...

1. I apply my & my wife's ILR and get it approved. Dont include my son.
2. Next day apply his British Citizenship registration
3. Once above is approved, apply his British passport immediately.
4. Surrender Indian passport
5. Apply his PIO/OIC in India HC.
6. Now he is eligible to travel to India.

Are above steps right or am I missing anything? How much time each above step takes roughly?

What all info do I need at mainly 2 & 3 steps.

Also, If somehow ILR is rejected, I cant appeal for him and I have to apply T1G Ext immediately. Is it right?

Please help me to understand the process.

Thanks a lot......

Hi,

I am on Tier1 General visa and applying for ILR in feb 2013 with PEO

My son is born in UK in may 2011(20 months now). He has Indian passport with valid T1G visa. He visited India with us early last year (2012)

What are the +ves & -ves of adding him as a dependent for ILR and subsequently applying his BC?

What are other's experience on this?

Thanks to wpinl_nov12 for mentioning it to me.

Regards

@Guri

+ves, He will get ILR.
-ves There are none by having ILR for him but when you apply for his BC, you'll have to surrender his Indian Nationality.

Termination is covered in Section 9 of the Indian Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation.

Section 9(1) of the act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalisation or registration — even if the acquisition of another citizenship was done as a result of actions by the child's parents.

[Spidery_thread]

Thanks John & Spidery_thread for replies.....

I have some queries on the process.

How the process will go from here for my son step by step...

1. I apply my & my wife's ILR and get it approved. Dont include my son.
2. Next day apply his British Citizenship registration
3. Once above is approved, apply his British passport immediately.
4. Surrender Indian passport
5. Apply his PIO/OIC in India HC.
6. Now he is eligible to travel to India.

Are above steps right or am I missing anything? How much time each above step takes roughly?

What all info do I need at mainly 2 & 3 steps.

Also, If somehow ILR is rejected, I cant appeal for him and I have to apply T1G Ext immediately. Is it right?

Please help me to understand the process.

Thanks a lot......

@guri_78,

I'll start with your last query;

You really don't have to apply ILR for your child as he was born in the UK and can go straight for BC once your ILR is approved.

Do you qualify for ILR by fulfilling all the relevant immigration requirements, required by a T1G visa holder? This is question you need to ask your self. You can save 689GBP in application fee for an additional dependant? It is a big sum. But will be small loss if your ILR is(God forbidden) refused for any tiniest of the reason?

Then you can not include your child in the appeal however if your T1G visa have enough time left on it then you can continue and later can apply for extension and reapply ILR.

All the steps you have mentioned from 1 to 6 are correct:
Except you'll have to wait for your Biometric ID Card, before you can apply for your child's BC(using application form MN1).
Registration for minors can take 2-6 weeks(on average 3-4 weeks).
Go through the guidance notes:
http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

Best way to apply is Nationality Checking Service through your local or neighboring council. The is a charge of 80GBP, they'll see your passport and Biometric ID Card, take copies and will return them back to you(certified copies by them will accompany the application). They will also verify that the application is valid.

Book the appointment a week to 10 days after your ILR appointment date.

http://www.ukba.homeoffice.gov.uk/briti ... locations/

Steps 4 & 5 you need to check this with IHC. Can take 2 days or a month.

[guri_78]

@spidery_thread
Thanks for the reply...

I am fulfilling all the requirements of ILR. Even I put my case on this forum and experts think that my case should be fine...You can have a look at case below link and please suggest in case you find anything wrong.

http://www.immigrationboards.com/viewtopic.php?t=121820

I am worried about the right word you used "tiniest ". I should be prepared for the eventualities.

What all options I have in case my ILR is refused or they dont take the decision on same day because of any reason (I heard that sometimes they say that they cant process you application on same day, they need time)

My T1G visa expires on 4th march 2013...so I dont have much time after my ILR is refused.....

Also, unless until my son gets India PIO/OCI, he cant travel to India....is it right???

Thanks again for reply.

Thanks John & Spidery_thread for replies.....

I have some queries on the process.

How the process will go from here for my son step by step...

1. I apply my & my wife's ILR and get it approved. Dont include my son.
2. Next day apply his British Citizenship registration
3. Once above is approved, apply his British passport immediately.
4. Surrender Indian passport
5. Apply his PIO/OIC in India HC.
6. Now he is eligible to travel to India.

Are above steps right or am I missing anything? How much time each above step takes roughly?

What all info do I need at mainly 2 & 3 steps.

Also, If somehow ILR is rejected, I cant appeal for him and I have to apply T1G Ext immediately. Is it right?

Please help me to understand the process.

Thanks a lot......

@guri_78,

I'll start with your last query;

You really don't have to apply ILR for your child as he was born in the UK and can go straight for BC once your ILR is approved.

Do you qualify for ILR by fulfilling all the relevant immigration requirements, required by a T1G visa holder? This is question you need to ask your self. You can save 689GBP in application fee for an additional dependant? It is a big sum. But will be small loss if your ILR is(God forbidden) refused for any tiniest of the reason?

Then you can not include your child in the appeal however if your T1G visa have enough time left on it then you can continue and later can apply for extension and reapply ILR.

All the steps you have mentioned from 1 to 6 are correct:
Except you'll have to wait for your Biometric ID Card, before you can apply for your child's BC(using application form MN1).
Registration for minors can take 2-6 weeks(on average 3-4 weeks).
Go through the guidance notes:
http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

Best way to apply is Nationality Checking Service through your local or neighboring council. The is a charge of 80GBP, they'll see your passport and Biometric ID Card, take copies and will return them back to you(certified copies by them will accompany the application). They will also verify that the application is valid.

Book the appointment a week to 10 days after your ILR appointment date.

http://www.ukba.homeoffice.gov.uk/briti ... locations/

Steps 4 & 5 you need to check this with IHC. Can take 2 days or a month.

[Spidery_thread]

@Guri_78,

You'll be fine with your ILR application, just take the letter from your company that you have been employed by them for the last 5 years, even when you were away from the UK.

Your payslips should match the credit in your bank statements.

Concentrate that you'll get ILR, and prepare accordingly.

If you have a plan to go to India, you can apply for your child's BC on return, if he is already dependant on your T1G.

Best.

[ssidd]

Hi,
I am on TIER 1 VISA right now and My ILR is due in couple of months time but due to a traffic conviction it seems difficult to get ILR. There is a possibility that I go for 2nd extension. I have two dependents as well, my wife and 2 year old daughter (Who born in UK and at the moment she is on TIER 1 VISA as well).
My question,
Is there any possibility to apply for my and my wife extension and do not apply for my daughter extension in order to save money. Does it affect my extension application or my daughters future BC? Because my understanding is my daughter do not need any visa to live in the UK and she will not be illegal because she born here but she can not travel abroad in the mean time and when I get ILR she will be eligible for BC due to his birth certificate and my ILR.

Please correct me if I am wrong.

Regards
Sidd

[guri_78]

@Spidery_thread......thanks mate for reply

Here are couple of more query on this...

1. I could not understand this "If you have a plan to go to India, you can apply for your child's BC on return, if he is already dependant on your T1G."......My visa will expire on 4th March as his also, can he visit India without having T1G valid visa?

2. If I dont include hm in ILR app and I apply his BC registration one week after I get the ILR so that I get my BRP cards, then can he stay in UK legally once he applies for his registration even his visa expire because he will not the BC registration done within couple of weeks mean before 4th March?

@Guri_78,

You'll be fine with your ILR application, just take the letter from your company that you have been employed by them for the last 5 years, even when you were away from the UK.

Your payslips should match the credit in your bank statements.

Concentrate that you'll get ILR, and prepare accordingly.

If you have a plan to go to India, you can apply for your child's BC on return, if he is already dependant on your T1G.

Best.

[Spidery_thread]

@Guri_78,

Here are couple of more query on this...

1. I could not understand this "If you have a plan to go to India, you can apply for your child's BC on return, if he is already dependant on your T1G."......My visa will expire on 4th March as his also, can he visit India without having T1G valid visa?

2. If I dont include hm in ILR app and I apply his BC registration one week after I get the ILR so that I get my BRP cards, then can he stay in UK legally once he applies for his registration even his visa expire because he will not the BC registration done within couple of weeks mean before 4th March?

1) Your child can aslo travel to India without having T1G Dependant visa, but won't be able to come back to the UK without a valid leave, once his leave expires. i.e: after 4 March.

2) You don't have to include him in your ILR application, once your ILR is approved and you receive all the documents and Bio Card you can then apply for his BC, children born in the UK doesn't have to have valid leave to remain to apply for BC, as long as one of their parent is settled in the U.K. (ILR).

[guri_78]

@Spidery_thread......Thanks mate....

@Guri_78,

Here are couple of more query on this...

1. I could not understand this "If you have a plan to go to India, you can apply for your child's BC on return, if he is already dependant on your T1G."......My visa will expire on 4th March as his also, can he visit India without having T1G valid visa?

2. If I dont include hm in ILR app and I apply his BC registration one week after I get the ILR so that I get my BRP cards, then can he stay in UK legally once he applies for his registration even his visa expire because he will not the BC registration done within couple of weeks mean before 4th March?

1) Your child can aslo travel to India without having T1G Dependant visa, but won't be able to come back to the UK without a valid leave, once his leave expires. i.e: after 4 March.

2) You don't have to include him in your ILR application, once your ILR is approved and you receive all the documents and Bio Card you can then apply for his BC, children born in the UK doesn't have to have valid leave to remain to apply for BC, as long as one of their parent is settled in the U.K. (ILR).