Child born outside UK to ILR father

[Rajyop]

Dear Amber,

My situation is slightly different, that my child was born outside the uk (in India, in 2014) when I had my ilr. My wife had flr.
I naturalised and got British passport last year 2015.
Can now I register my son as a British citizen using form MN1, if so what should I fill in the first column of the form (section 1.1)

1.1 Please indicate the section of the British Nationality Act 1981 under which you would like the application considered. See Chapter 2 of the guide for details.
https://www.gov.uk/government/uploads/s ... _04-16.pdf
Thanks,
Raj

[secret.simon]

Can now I register my son as a British citizen using form MN1

No.

Rules are different for children born outside the UK before one of their parents got naturalisation.

The child's UK immigration status is in line with the less-privileged parent (in your child's case, the mother).

The child will need to get ILR (at the same time as the mother) and will then be eligible to apply under Section 3(1) of the BNA 1981.

Read pages 12 to 14 of the Guide MN.

[Rajyop]

Thanks for the reply Simon!

Since my child is in India, and myself and my wife are in the UK, I guess my child would first need a India passport, and then a dependent visa for him to enter and live in the UK. Can you advice which visa it is please? (Dependant of British citizen 'me', or dependant of 'less-privileged' parent (my wife))
Should at least one of us to be present on the Indias UK visa office with the child.

Thanks for your help,
Raj

[CR001]

Your child will be issued the same visa as your spouse.

What is the visa your spouse holds? If it is a spouse settlement visa, then the child must apply for a child settlement visa on VAF4A.

[Rajyop]

Thanks CR001!

My wife is currently in FLR(m), that is valid for 2.5 years.
So should it be FLR(?) for my child as well?

thanks very much!
Raj

[vinny]

If child is in India, then FLR (Further Leave to Remain) is impossible. It would be a settlement visa to join you and mother, in line with mother's, as previously advised.

[Rajyop]

Thanks vinny!

[Casa]

You will also have to pay the NHS surcharge of £500 in addition to the visa fee of £1,195

[Rajyop]

Thanks casa!

That helps me planing finances.
Actually my wife was already using NHS for her pregnancy till 7months. Then later she went to India and delivered the baby. So does that mean I still have to pay £500?

Can I include his name in the private health care (like Bupa) which my office currently provides and avoid those fees?

Thanks,
Raj

[CR001]

You do not have an option to pay it or not. If you do not pay it, the visa will be refused. You cannot avoid the fee.

It has nothing to do with private healthcare or previous use of the NHS.

[Rajyop]

Thanks CR001!