ILR / Right of Abode

[ssp22]

Hello,
My daughter was born on May28th 2013 in Leicester and we had to travel unexpectedly to India on July 22nd. My husband didn't get his ILR by then so she traveled on Indian Passport. On Sept 20th he got his ILR. I'm still on Tier-1 dependent visa. I'm planning to come back to the UK in December. Now since she is entitled to apply for British Citizenship, I can't apply a PR Dependent visa for my daughter. I came across RIGHT OF ABODE to the UK. Since my husband now has Indefinite Leave to Remain in the UK, as per the UKBA website, my daughter is now eligible to apply for the ROA. Can you please suggest me if this is right? And if it is, can you also advise the procedure and where to apply? And if we can't process the ROA for her, please advise the right way to bring her back to the UK. [/b]

[Jambo]

Now since she is entitled to apply for British Citizenship, I can't apply a PR Dependent visa for my daughter.

Why not? Her entitlement has nothing to do with settlement visa (although you might want to avoid paying for an expensive visa.

I came across RIGHT OF ABODE to the UK. Since my husband now has Indefinite Leave to Remain in the UK, as per the UKBA website, my daughter is now eligible to apply for the ROA.

She is not enttled for RoA.

please advise the right way to bring her back to the UK.

See here

[ssp22]

Now since she is entitled to apply for British Citizenship, I can't apply a PR Dependent visa for my daughter.

Why not? Her entitlement has nothing to do with settlement visa (although you might want to avoid paying for an expensive visa.

I came across RIGHT OF ABODE to the UK. Since my husband now has Indefinite Leave to Remain in the UK, as per the UKBA website, my daughter is now eligible to apply for the ROA.

She is not enttled for RoA.

please advise the right way to bring her back to the UK.

See here

Thanks for the reply Jambo.. But kindly follow this link. I'm totally confused..

http://www.indiamike.com/india/indian-v ... t-t183474/

[vinny]

If your daughter was born in the UK before a parent was granted ILR, then she is not automatically British. Therefore, she cannot apply for a British Passport nor a Certificate of Entitlement to the Right of Abode before she is granted registration as a British citizen.

[ssp22]

If your daughter was born in the UK before a parent was granted ILR, then she is not automatically British. Therefore, she cannot apply for a British Passport nor a Certificate of Entitlement to the Right of Abode before she is granted registration as a British citizen.

Thanks vinny, so this means should i apply for a naturalisation first? Can I then apply for a ROA? Because I'm in India now and applying for a british passport or PR Dependent takes at least 2-3 months.

[vinny]

Jambo gave possible options.

What's your status?

[ssp22]

Jambo gave possible options.

What's your status?

I have a Tier-1 dependent visa valid until April 24th 2014. My husband has an ILR issued on 20th Septemner 2013. Daughter was born on 28th May. I have her UK Birth certificate, registration certificate from consulate general of India and her Indian passport.

[vinny]

Another option is for your daughter to apply for a PBS dependant entry clearance, in line with yours.

However, the most straight forward may be registration as a British citizen first, as it's by entitlement.

[ssp22]

Another option is for your daughter to apply for a PBS dependant entry clearance, in line with yours.

However, the most straight forward may be registration as a British citizen first, as it's by entitlement.

Thanks Vinny and Jambo, I now have a clarity of what to do. My husband will apply for the registration and once we get the certificate, I'll apply for right of abode from India. Please, one last time kindly tell me the following: (I know these might have been discussed before, but I'm in so much hurry and stress that I have no other choice, kindly bear with me)

1. Documents required for registration of child under 5 years, as a UK citizen.
2. I would like to apply through NCS. Please give me the approximate processing time. Is it 6 months?
3. Documents required for applying Right of Abode?
4. Process of application for Right of Abode from India.

Kindly advise me.. Thanks in advance..

[vinny]

As she will be British by registration and not by descent, I'm not sure if her Indian passport will still be valid.