Family visitor visa for son of settled parents.

[sureshaverineni]

Hello guys,

I am on ILR. My son was born in UK and now he is in India.

Now I want to bring him back to UK on family visitor visa and apply for british passport.

Do you find any issue with this approach?

Many of my friends were telling that UKBA won't approve family visitor visa for children of settled parents, hence we might need to apply dependent visa.

Can you guys please clarify me on this.

Thanks
Suri

[CR001]

Was he born before you received ILR or after?

How old is he?

[sureshaverineni]

Char,

Thanks for the response.
He was born before we got ILR.
Now he is 2 yrs old.

Thanks
Suri

[CR001]

So apply to register him as British under section 1(3). You can do the application if he is abroad. Once you get the registration certificate, either apply for his British passport in the country where he is or for a Certificate of Entitlement / Right of Abode.

You cannot apply for his British passport if you have not registered him as British.

[sureshaverineni]

Char,

Thanks for the response.

1) Just a quick question, does it really matter where he is born if he is born before we got ILR?
whether he born in UK or not we have to apply as mentioned below :
https://www.gov.uk/register-british-cit ... outside-uk
The above link mentions child born outside UK but my son born in UK, does the country of birth matters? in either case I have to follow the procedure in the above link?

2) I want to bring him along with my in-laws next month and apply for his certificate of registration as British.
So now how can I bring him to UK? is it Ok to apply for family visitor and bring him here then go for registration.

3) After registration he will just get a certificate and once he reaches 18 years he has to apply for naturalization and apply for British passport. If he just gets certificate is that valid to go out and come into UK frequently until 18 yrs of age.

Please clarify me on this.

Thanks
Suri

[CR001]

Apply for Child of Settled person visa then, but not sure if you will get approval in time. Not sure about family visitor visa, perhaps a moderator could advise.

Once here, apply for registration as British Citizen if you wish. This is all he will need, there isn't a need to naturalise when he is 18 as the registration certificate will already indicate that he is British and is what you need to apply for a British Passport. He cannot travel on the certificate alone but you can apply for a Certificate of Entitlement or Right of Abode in his Indian passport once registration is done.

[Amber]

You can't have a visit visa if you intend to settle.


I would tell your in laws to postpone travelling until you've registered the child as British and either the child has a British Passport or has a CoE.

[vinny]

1) Just a quick question, does it really matter where he is born if he is born before we got ILR?
whether he born in UK or not we have to apply as mentioned below :
https://www.gov.uk/register-british-cit ... outside-uk
The above link mentions child born outside UK but my son born in UK, does the country of birth matters? in either case I have to follow the procedure in the above link?

The applicable link for UK-born people is 4. Being born in the UK provides certain entitlements.

2) I want to bring him along with my in-laws next month and apply for his certificate of registration as British.
So now how can I bring him to UK? is it Ok to apply for family visitor and bring him here then go for registration.

As Amber suggested, better to register first, then travel to the UK on a British passport or CoE-RoA. However, in the latter case and where dual nationality is not permitted, then child may require proof of non-aquisition of British citizenship when applying for a foreign passport.

3) After registration he will just get a certificate and once he reaches 18 years he has to apply for naturalization and apply for British passport. If he just gets certificate is that valid to go out and come into UK frequently until 18 yrs of age.

After grant of registration, child becomes British for life. As CR001 stated, British citizens do not require naturalisation.

[sureshaverineni]

Thanks a lot cr001,amber and Vinny. Thanks very much for your patience in clarifying my doubts.

If I understand it correctly :

1) I can apply for both registration for British citizen( using MN1 form) and Right of abode from UK while my son is in India. for applying ROA I need to send his Indian passport (which is bit tricky as it is in India at the moment).

2) Once I get his ROA certificate and Indian passport back I can send them back to India so that he can travel to UK. Once he comes to UK I can apply for his British passport.

3) Instead of applying ROA can I apply his British passport from UK once I got his registration for British citizen certificate and send this to India for his travel back to UK.

Please clarify the above 3 points.

4) Would there be any issue while travelling to UK with ROA certificate,? do the immigration officers understand the ROA and allow him to travel without hassle?


Thanks
Suri

[vinny]

See also British Citizenship for my UK born Kid.

[bhargav24]

I AM confused if baby born before they got ILR, how can they apply for British passport.IF both parents have ILR before baby born then its OK,

[Amber]

If either parent was settled before a child was born in the UK, that child would be British at birth. If not, then once either parent is settled, the child is entitled to register as British.

[Wonderheart]

Hello Sureshaverineni,

I am exactly same situation as you are at the moment. My daughter was born here and now she is overseas. If you don't mind can you advice me what your decision was and what is the progress?

Thanks

Kind Wishes