Refugee with born-abroad child seeking citizenship

[Selfie]

Hi all

desperate for help, plz!

I live in the uk on ILR (refugee). Just got a baby born abroad and live with my wife there. is it possible to apply for the baby to register as BC or ILR like myself, what should I exactly do, plz?

Any help would be really appreciated. Perhaps a similar case to mine.

Many thanks in advance

Selfie

[BIG Dobby]

Hi all

desperate for help, plz!

I live in the uk on ILR (refugee). Just got a baby born abroad and live with my wife there. is it possible to apply for the baby to register as BC or ILR like myself, what should I exactly do, plz?

Any help would be really appreciated. Perhaps a similar case to mine.

Many thanks in advance

Selfie

As you were not British when the baby was born, I am afraid s/he will not be british. U need to be earning £18600 to apply for ur wife and additional £3,400 for your first son/daughter.

If you later acquire citizenship then ur baby will be British by descent...

[BIG Dobby]

Hi all

desperate for help, plz!

I live in the uk on ILR (refugee). Just got a baby born abroad and live with my wife there. is it possible to apply for the baby to register as BC or ILR like myself, what should I exactly do, plz?

Any help would be really appreciated. Perhaps a similar case to mine.

Many thanks in advance

Selfie

As you were not British when the baby was born, I am afraid s/he will not be british. U need to be earning £18600 to apply for ur wife and additional £3,400 for your first son/daughter.

If you later acquire citizenship then ur baby will be British by descent if born overseas...

[Selfie]

Hi BD,
thank you so much.

I'm applying for citizenship in 9 months time. So, are you telling me to wait until I become a BC and then apply for my baby?

Or apply simultaneously for him by including him on my BC application? And if so, will I have to be earning £18,600 by then or no need for it any more, cuz it's gonna be naturalized by descent?

Very appreciated if you can let me know.

Cheers

Selfie

[BIG Dobby]

Hi BD,
thank you so much.

I'm applying for citizenship in 9 months time. So, are you telling me to wait until I become a BC and then apply for my baby?

Or apply simultaneously for him by including him on my BC application? And if so, will I have to be earning £18,600 by then or no need for it any more, cuz it's gonna be naturalized by descent?

Very appreciated if you can let me know.

Cheers

Selfie

What I am saying is:
You will need to be earning £22,400 to apply for settlement visa (2.5 yrs limited leave to remain) for your dependents (wife n kid). u will need to be earning that for over 6 months. they will need to see printout of both payslip n bank statement over six months so u don't become a burden to public services.

In addition, your wife will need to pass English language test or possess a degree certified as so from a UK body...

If you want me to tell u everything, U need to give me 3 days to update myself...

BUT if you have another baby overseas when you are British, that baby will be British by descent meaning that the baby cannot pass on citizenship to his/her baby born overseas

excuse any error

[Casa]

Hi BD,
thank you so much.

I'm applying for citizenship in 9 months time. So, are you telling me to wait until I become a BC and then apply for my baby?

Or apply simultaneously for him by including him on my BC application? And if so, will I have to be earning £18,600 by then or no need for it any more, cuz it's gonna be naturalized by descent?

Very appreciated if you can let me know.

Cheers

Selfie

To avoid confusion:
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.

You can apply to register your child at the same time as applying for your British citizenship, only if your wife has settled status (ILR). As she doesn't yet appear to have started an immigration route, she will not have qualified for ILR when you apply for BC in 9 months time (even if she enters the UK on a settlement visa immediately). You will have to apply for a settlement visa for both your wife and child in order to enable them to join you here.
As you have already been advised, you will need to be earning £22,400 per annum in order to qualify for a spouse + child settlement visa under current Rules. The visa fee will be £1195 x 2 and they will both have to pay the NHS surcharge of £600 (£1200)

Edit: For further clarity, as advised on a similar situation by Respected Guru, secret.simon:
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.

[BIG Dobby]

''To avoid confusion:
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.''

This one is non issue. As long as the child remains overseas even if the parents eventually become british citizen, he will still be refused bc there is no ties in the UK (rem: it's discretionary).

Make it simple for him by tell him to BRING them to the UK or you end up confusing him the more!

[Selfie]

I think I got it now. Thanks BD & Casa. Really appreciate it.

TBH, I'm still hopeful though that other people, who might have been in the same situation and perhaps got different information & experience and hence used different avenue, can give some useful insights here!

Cuz it seems to me that the Nationality Act is way too complicated and when it comes to practice not just theory, there is often more than one interpretation to each article of it with different outcomes!!

To all those who experienced such thing, I appeal to do so, plz.

Thanks

Selfie

[BIG Dobby]

I think I got it now. Thanks BD & Casa. Really appreciate it.

TBH, I'm still hopeful though that other people, who might have been in the same situation and perhaps got different information & experience and hence used different avenue, can give some useful insights here!

Cuz it seems to me that the Nationality Act is way too complicated and when it comes to practice not just theory, there is often more than one interpretation to each article of it with different outcomes!!

To all those who experienced such thing, I appeal to do so, plz.

Thanks

Selfie

My dear,

There is NO other way to bring your spouse n kid than what we (Casa n I) have told you: You must be earning that amt by law. If you don't earn it there could be another way to make up 22,400 but u will have to pay more tax; email me: xxxx
This amout could rise next year, so the earlier the better

I will respond to u next tomorrow - pls include your phone number.

I wish you good luck as you sort ur life out bro

Moderator edit: It is the Board policy to remove personal contact details as security against spammers & scammers who frequently trawl the forum.

[BIG Dobby]

I think I got it now. Thanks BD & Casa. Really appreciate it.

TBH, I'm still hopeful though that other people, who might have been in the same situation and perhaps got different information & experience and hence used different avenue, can give some useful insights here!

Cuz it seems to me that the Nationality Act is way too complicated and when it comes to practice not just theory, there is often more than one interpretation to each article of it with different outcomes!!

To all those who experienced such thing, I appeal to do so, plz.

Thanks

Selfie

My dear,

There is NO other way to bring your spouse n kid than what we (Casa n I) have told you: You must be earning that amt by law. If you don't earn it there could be another way to make up 22,400 but u will have to pay more tax; email me: xxxx
This amout could rise next year, so the earlier the better

I will respond to u next tomorrow - pls include your phone number.

I wish you good luck as you sort ur life out bro

Moderator edit: It is the Board policy to remove personal contact details as security against spammers & scammers who frequently trawl the forum.

No qualms MODERATOR