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I am afraid you cannot avoid fees as far as I know, kids born outside UK must be free from immigration control at the time of applying.1.My Original Plan was to apply for my Wife and the kids ILR in Nov 2015 after I get my ILR in Oct 2015-03-11. After seeing the Massive increase in ILR fees I am wondering if I can avoid getting ILR for my Kid.
This is a good plan and the one almost certain to work quickly without any problems.anandpathak wrote: My Wife and 1 kid ( now 5 years old , born outside UK) got there PBS dependent Visa in March 2011 and entered UK in May 2011.
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For my Kids born outside UK :
1.My Original Plan was to apply for my Wife and the kids ILR in Nov 2015 after I get my ILR in Oct 2015-03-11....
The general expectation for that discretion is that one parent (atleast) be a British citizen or settled permanently, as well as one being either a citizen or having ILR (or close). Otherwise, the expectation is that the child has acquired ILR before applying. You have in your favor that the child is very young and already lived most their life in the UK. Also, if the application fails, you would probably still have time to have the child apply for ILR with an existing valid visa, though that is risky.anandpathak wrote: ...After seeing the Massive increase in ILR fees I am wondering if I can avoid getting ILR for my Kid.
2.Can I Apply for my India born Kid Citizenship Directly after my ILR in Oct 2015 . As mentioned earlier , He has a Valid PBS dependent status till April 2016.
3.I have read at few Forum discussions that the citizenship application for Kids there is some discretion for case worker and Leave status of both Parents are checked.
4.I would like to know , Will it not be fine if I get my ILR in Oct 2015 , My Wife gets ILR in Nov 2015 and then when both of us have our ILR , I apply for my India born kid citizenship application in Dec 2015.
ouflak1 wrote:This is a good plan and the one almost certain to work quickly without any problems.anandpathak wrote: My Wife and 1 kid ( now 5 years old , born outside UK) got there PBS dependent Visa in March 2011 and entered UK in May 2011.
.
.
.
For my Kids born outside UK :
1.My Original Plan was to apply for my Wife and the kids ILR in Nov 2015 after I get my ILR in Oct 2015-03-11....
The general expectation for that discretion is that one parent (atleast) be a British citizen or settled permanently, as well as one being either a citizen or having ILR (or close). Otherwise, the expectation is that the child has acquired ILR before applying. You have in your favor that the child is very young and already lived most their life in the UK. Also, if the application fails, you would probably still have time to have the child apply for ILR with an existing valid visa, though that is risky.anandpathak wrote: ...After seeing the Massive increase in ILR fees I am wondering if I can avoid getting ILR for my Kid.
2.Can I Apply for my India born Kid Citizenship Directly after my ILR in Oct 2015 . As mentioned earlier , He has a Valid PBS dependent status till April 2016.
3.I have read at few Forum discussions that the citizenship application for Kids there is some discretion for case worker and Leave status of both Parents are checked.
4.I would like to know , Will it not be fine if I get my ILR in Oct 2015 , My Wife gets ILR in Nov 2015 and then when both of us have our ILR , I apply for my India born kid citizenship application in Dec 2015.
For absolute peace of mind, I'd recommend sticking with your original plan. The cost now bears fruit later. The costs of a failed MN1 application in both time and money, especially if the result doesn't come back before the existing leave expires, are potentially enormous.
Thanks a lot Senthil for your response.spzenthil wrote:Hi Anand,
Having ILR alone won't help. Atleast one parent should have BC or else you won't be able to register it.
Thanks,
-Senthil
No surprises, in my view if kid is born outside UK it is very possible (e.g India) that other country does not allow dual nationality, or some other legal hindrance outside UK control. So need to request registration at your own statuses. Born in UK, different situation, as you can understand now.anandpathak wrote: I am a bit surprised why kids Born IN and outside UK are treated so differently as they should have been based on the Status of Parents only . Appears a bit illogical.
Page 14 of the MN1 guidance is clear:anandpathak wrote: Could somebody provide a policy document which states this that Atleast one parent need to have a BC to have BC application directly for Non-UK born kid and both Parent on ILR is not sufficient to get the same.
Cheers
Anand
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of
British citizenship” above) to be registered as British citizens as part of a “family
application”.
Children in this category will be considered at the Home Secretary’s discretion and will
usually be registered only if both the parents are granted or already hold British
citizenship, or if one parent holds British citizenship and the other is settled in the UK.