Registration Process for Child Born abroad

[Cf_firefly]

Hello Everyone ,

I want to start the process of applying British citizenship ( Registration ) for my 3 year old daughter .

My Daughter visa situation is as below :

Currently Holding Indefinite leave to enter the UK and is valid until 2018 and of Type " Visa Settlement to Join Parents " . She was born abroad and both Parents were holding ILR at the time of her birth . She is in UK for last 2.5 Yrs

Parents current Visa situation is as below :

• Father - Holding Naturalised BC since November 2013
  
  Mother - Holding ILR since November 2011 and dont want to apply BC as of now .

Can you guys please reply to my below questions :

1. My understanding is that i need to apply for Registration under section 3(1) for my daughter . Is this correct ?

2. The application is MN1 . Is this correct ?

3. Any other pointers useful for the application process ?

Thank you ,
Firefly

[noajthan]

...

Can you guys please reply to my below questions :

1. My understanding is that i need to apply for Registration under section 3(1) for my daughter . Is this correct ?

2. The application is MN1 . Is this correct ?

3. Any other pointers useful for the application process ?

Thank you ,
Firefly

1) Yes

2) Yes

3) To increase probability of successful outcome for this discretionary registration suggest (nay, recommend) that mother applies to naturalise at same time

[Cf_firefly]

Hi noajthan ,

Thank you for the speedy reply .

Regarding the point 3 i.e your suggestion of Mother ( my wife ) applying to Naturalise at same time with my daughter , My wife Visa status is as below .

Visa status in UK :

>> She had Tier 1 (General) Partner Visa from May 2009 until November 2011

>> She is currently on ILR which was issued in November 2011

>> I got BC in Novermber 2013 , so she is spouse of BC since November 2013 ?

Could you please let me know category should my wife apply the BC i.e Spouse of BC or Normal Naturalisation route ?

Thank you ,
Firefly

[noajthan]

Hi noajthan ,

Thank you for the speedy reply .

Regarding the point 3 i.e your suggestion of Mother ( my wife ) applying to Naturalise at same time with my daughter, My wife Visa status is as below .

Visa status in UK :

>> She had Tier 1 (General) Partner Visa from May 2009 until November 2011

>> She is currently on ILR which was issued in November 2011

>> I got BC in Novermber 2013, so she is spouse of BC since November 2013 ?

Could you please let me know category should my wife apply the BC i.e Spouse of BC or Normal Naturalisation route ?

Thank you ,
Firefly

Your wife can apply either in her own right as she has had ILR for over 12 months.
OR she can apply as 'spouse of BC';
(in which case she didn't have to wait for '12 months' but it doesn't matter & makes no difference now).

Fee is the same either way.

[Cf_firefly]

Hi noajthan ,

Thanks again for your reply .

Have decided to apply my wife's visa as 'spouse of BC and I have gone through the requirements in AN form , Guide and Booklet and I have below questions :

1. KoLL - Based on points-based calculator for my wife's Indian university degree , we got 10 points .Is that enough along with original degree certificate ?

2. One of the residence requirement says “ You must have been physically present in UK on the day 3 years before the application is received by the Home Office “ - So three years before which is 2013 , my wife was away from UK for nearly an year from 2012 due to birth of my daughter and she is back only on 31st July 2013 . Based on this when is the earliest I can apply ?

3. Reg the personal information - My wife’s Indian Passport details page has her maiden name as her surname but after marriage , an observation was added in her passport by Indian high commission which says her surname was changed to X from Y . Based on this and Marriage certificate , Can we fill the AN form where we enter her surname as my surname (i.e Married surname ) rather than maiden name ?

I did find this in AN form guide though “ If you have married or entered a civil partnership and changed your name, and you wish to be registered in that name, you should change your name on your other passport, travel documents and national identity card, to reflect that name, before sending us your application. This is to avoid a person having official documents in more than one identity. “

Thank you ,
Firefly

[noajthan]

Hi noajthan ,

Thanks again for your reply .

Have decided to apply my wife's visa as 'spouse of BC and I have gone through the requirements in AN form , Guide and Booklet and I have below questions :

1. KoLL - Based on points-based calculator for my wife's Indian university degree , we got 10 points .Is that enough along with original degree certificate ?

2. One of the residence requirement says “ You must have been physically present in UK on the day 3 years before the application is received by the Home Office “

...

3. Reg the personal information

...

Thank you ,
Firefly

1) My understanding is that will be adequate; suggest check forum FAQs on proof of English:
http://www.immigrationboards.com/britis ... 98118.html

2) As spouse of BC the 3 years presence test is vital.
Based on your stated dates your wife will need to apply on or after 1 August, 2016

Regarding absences from UK, suggest review the requirements & permissible limits in the AN guidance.

3) Names and identity are becoming a minefield (& sometimes quite challenging for married ladies).

This is the latest practice (as you quoted);

“ If you have married or entered a civil partnership and changed your name, and you wish to be registered in that name, you should change your name on your other passport, travel documents and national identity card, to reflect that name, before sending us your application. This is to avoid a person having official documents in more than one identity. “

See relevant forum FAQ on this vital topic:
http://www.immigrationboards.com/britis ... 84012.html

and see what can go wrong here, after all forewarned is forearmed:
http://www.immigrationboards.com/britis ... n#p1286025
You will note therer are several Indian cases in the thread.

[Cf_firefly]

Hi noajthan ,

I have gone through the posts you suggested and it’s indeed a minefield there . In our case , I have checked my wife’s Indian passport and other documents , I noticed the below :

1. She has her Maiden Name on Passport details page as her surname .

2. She has Observation added by Indian high commission saying that her surname is changed to X after marriage from Y .

3. In ILR sticker , she has her Married Name as her surname ( she does not have BRP card and its only ILR sticker ) . It just occurred to me but I did not check the letter issued by Home office when my wife got her ILR , it might have issued in her married Surname

4. We have Indian Marriage certificate showing my wife’s Maiden and Married Surname .

5. In many Important documents Like Polling cards , Council Tax Letter , NHS Card , NHS Letters , Bank Statements ….My wife’s surname is on her Married surname .

So , Based on these and I am thinking to apply for New Indian Passport for my wife with change of surname from Maiden to Married and Once we have new passport , then proceed with Naturalisation Application . Since the ILR is already in my wife’s Married name , I don’t see any issues ?

Could you comment if there are any issues with the above approach or if there are any other alternatives ways ?

Thanks
Firefly

[Cf_firefly]

Hi noajthan and others members ,

Could you please answer my question in above post.

Thanks
Satheesh

[noajthan]

Hi noajthan and others members ,

Could you please answer my question in above post.

Thanks
Satheesh

Yes I think that will fly, namely standardise to married name in Indian passport.
Then progress in UK in that name.

Good luck.