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Settlement visa or EEA family permit?

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jangochi
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Settlement visa or EEA family permit?

Post by jangochi » Mon Mar 09, 2015 4:01 pm

Hi,
I am a UK citizen and I want to bring my son born in India to join me in UK. I am unsure whether I should apply 'Settlement' visa or 'EEA family permit' for him. Basically we want him to be here indefinitely and he is an Indian citizen at the moment as we opted against applying for UK passport from India as it's very time consuming.

Based on my understanding EEA family permit is valid only for 6 months. We are planning to apply for his British passport once he is here. Again not sure if this is permitted. Could anyone help?

Any advise will be much appreciated.

Thanks
Jango

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CR001
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Re: Settlement visa or EEA family permit?

Post by CR001 » Mon Mar 09, 2015 5:18 pm

You cannot use the EEA Family Permit as a British Citizen living in the UK.

How does he qualify for a British passport? Were you British at the time of this birth in India??
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jangochi
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Re: Settlement visa or EEA family permit?

Post by jangochi » Tue Mar 10, 2015 9:34 am

How does he qualify for a British passport? Were you British at the time of this birth in India??
Yes
You cannot use the EEA Family Permit as a British Citizen living in the UK.
Does that mean Settlement visa is the only option for him? As far as I understand, he is British by birth(father being British) and I thought there maybe easier options for him to enter UK even though he is holding a foreign passport(dual citizenship)

Cheers!
Jango

cafeconleche
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Re: Settlement visa or EEA family permit?

Post by cafeconleche » Tue Mar 10, 2015 10:28 am

There's no WAY they will issue him a settlement permit because HE IS BRITISH! Your reasoning that it is too time consuming will not hold up. Just get him a British passport (and consequently, he will lose Indian citizenship) and OCI.

jangochi
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Re: Settlement visa or EEA family permit?

Post by jangochi » Tue Mar 10, 2015 11:19 am

There's no WAY they will issue him a settlement permit because HE IS BRITISH!
That's interesting - his mother is Indian(with ILR when he was born) so I guess there is a valid case for him to be Indian as well I suppose?

He has already been issued an Indian passport and I wonder if there are no options to bring him here than through a British passport? That can't be right, confused! :roll:

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CR001
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Re: Settlement visa or EEA family permit?

Post by CR001 » Tue Mar 10, 2015 11:55 am

India doesn't allow dual nationality, so you will need to think about which one you want. How old is he??

You could also look into getting a Certificate of Entitlement on his Indian passport which would allowed him unrestricted travel in and out of the UK.

https://www.gov.uk/government/publicati ... t-of-abode

In the guide in the link above, see point 3.4
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Re: Settlement visa or EEA family permit?

Post by jangochi » Tue Mar 10, 2015 12:20 pm

You could also look into getting a Certificate of Entitlement on his Indian passport
Appreciate your effort in digging that one out. I did explore that option and interestingly that took me to visa4uk portal and had resulted in my original query! Now on your prompt, I checked again and realised that there is indeed a ROA option there(hidden within other options!) :idea: :) ! Let me check that out and that should hopefully sort things out for us. Cheers!
CR001 wrote:India doesn't allow dual nationality, so you will need to think about which one you want. How old is he??
Based on my understanding, India does allow dual nationality until the age of 18. By elder son already use ROA with Indian passport, but he was born in UK! The younger baby is 9 months old.

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