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FAMILY VISA OR ILR for a child of settled parents

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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99Sheetal
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FAMILY VISA OR ILR for a child of settled parents

Post by 99Sheetal » Sun May 28, 2017 10:29 pm

hi,

We have got ILR in 2015 and our baby born in UK last year. As we are planning go back to India in few year's time, we are not taking a red passport for baby and going to get a UK visa. Just wanted to know if we can apply under family visa or have to go for an ILR? We are concerned that ILR may take longer to process and we are going to india for vacation in August.

AM I right in thinking that baby will get 2.5 years of visa when applied under a family visa.

Thanks

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CR001
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Re: FAMILY VISA OR ILR for a child of settled parents

Post by CR001 » Sun May 28, 2017 10:52 pm

Why not apply for RoA or CoE for baby. As baby born AFTER you got ILR, child is automatically British and cannot apply for a visa.

You do realise that your own ILR will be lost if you leave the UK for 2 or more years.
Char (CR001 not Casa)
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99Sheetal
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Re: FAMILY VISA OR ILR for a child of settled parents

Post by 99Sheetal » Mon May 29, 2017 6:13 pm

Thanks for swift response. I will go for RoA ...

What is the processing time for RoA if applied in UK and what are documents... just checked the Home office website and it says up to 6 months...

I guess there is no option for personal application...

We are going to India in August (as usual Last minute.com - I know :) ) ... your help is much appreciated.

Thanks

99Sheetal
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processing times for RoA

Post by 99Sheetal » Mon May 29, 2017 6:22 pm

Hi,

Can anyone please let me know the processing time for a RoA?

Also, what if the birth certificates of parents are not available? Can we get the Affidavits done at Indian Consulate?

Thanks

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CR001
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Re: processing times for RoA

Post by CR001 » Mon May 29, 2017 6:40 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

99Sheetal
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Applying for RoA from UK

Post by 99Sheetal » Mon May 29, 2017 7:50 pm

Hi,

We are applying for RoA for our baby FROM UK. Looking at threads for RoA, it seems that birth certificates of parents are required. We don't have our Birth Certs... Our Birth dates and place of birth is mentioned on our Indian Passports. Is this not sufficient?

We have our Original Marriage cert... We both have ILR and will be enclosing copies of those with the application.. Is the following list of documents good enough?

Main documents

Son's Passport (Original)
Son's Birth certificate (Original)
Parent marriage certificate (Original)
Cover letter (from Father & Mother) showing the Act used to claim ROA


Passports and document
Father's passport (front and back pages) (Photocopy)
Mother's passport (Front and back pages) (Photocopy)
Father's & Mother's ILR card (both sided) (Photocopy)

Financial documents (from sponsor - father)
Employment letter from office (Original)
Bank statement last 6 months((Photocopy)
Pay slip last 6 months (Photocopy)

Residence proof documents

Rental agreement (Photocopy)
Council Tax letter (Photocopy)

99Sheetal
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Re: Applying for RoA from UK

Post by 99Sheetal » Tue May 30, 2017 7:40 am

Hi Immigration Guru's,

I need help.. I need to apply for my Sons' CoE for RoA in next couple of days. Is the list I have give in above post adequate? I checked the guidance again and it does not ask for parents' Birth certificates when applying from UK - Am I correct? Few more questions below,

- guidance says that I can pay by credit / debit card but not sure how? there is no section on the form to include the card details.
- As I am applying for my baby Son, Should I include my name in section 1.13 where it asks to confirm if someone is representing you?
- Section 2 of the form asks for date you entered in UK - I guess this will be his Birth date as he born in UK?
- what about signature on the form - Can I sign on behalf of my son or shall I include his thumb impression?

Your help is much appreciated... I searched for similar post on this website but no joy .... thanks.

99Sheetal
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Re: Applying for RoA from UK

Post by 99Sheetal » Tue May 30, 2017 8:01 pm

Hi Vinny , CR0001 and other Gurus

Can you please help... your help is much appreciated.

Thanks

secret.simon
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Re: Applying for RoA from UK

Post by secret.simon » Tue May 30, 2017 8:09 pm

For CoE-RoA, you need to prove that the child is a British citizen. The form is an all-encompassing form that tries to cover all the ways that a person can be a British citizen.

How is your child a British citizen? By birth in the UK to parents on ILR.

What you need to send to show that? Logically
a) Child's birth passport (to show names of parents)
b) Parents BRP (ideally original, not a photocopy)
c) Child's passport (to stamp the CoE-RoA in)

Form and fees are expected too.

The above is the basic minimum. You can send the other documents in the first two sections listed in your initial post (Main documents and Passport and documents).

Remember that CoE-RoA is not a visa. It is a certificate that your child has the right to reside in the UK because he is a British citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

99Sheetal
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Re: Applying for RoA from UK

Post by 99Sheetal » Tue May 30, 2017 8:25 pm

Thanks Simon,

My son is british as we both were on ILR when he was born...

I will not submit the financial docs - don't want to confuse them -

just couple of questions.

How to pay fees as I am applying by post in UK...

Signature on the form - are we supposed to put baby's thumb impressions?

Thanks again for your help... much appreciated the swift response...

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Re: Applying for RoA from UK

Post by CR001 » Tue May 30, 2017 8:41 pm

How to pay fees as I am applying by post in UK...
Fee sheet, link for which is in the guidance notes.

https://www.gov.uk/government/uploads/s ... t_2017.pdf
Signature on the form - are we supposed to put baby's thumb impressions?
You sign as the parent.

You must also remember that RoA expires when the passport expires and you will have to apply and pay again each time a passport is renewed.
Char (CR001 not Casa)
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secret.simon
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Re: Applying for RoA from UK

Post by secret.simon » Tue May 30, 2017 8:41 pm

99Sheetal wrote:How to pay fees as I am applying by post in UK...
Page 8 of Guide RoA. Also see first paragraph on Page 10.
99Sheetal wrote:Signature on the form - are we supposed to put baby's thumb impressions?
I will leave this for others to answer as I do not know.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

99Sheetal
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Re: Applying for RoA from UK

Post by 99Sheetal » Tue May 30, 2017 9:05 pm

Thanks Both ... not sure How I missed the payment sheet ---doh...

99Sheetal
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Re: Applying for RoA from UK

Post by 99Sheetal » Tue May 30, 2017 11:16 pm

Hi Simon & CR001,

Last question...

I just completed the form but wanted to double check if I put my Name in Section 1.13 where it asks ' Is someone is representing you?' as I am signing the form and effectively representing my Son... or is this section just for External Representative such as Solicitor??

Sorry to be pain but just wanted to be sure !!

Thanks.

99Sheetal
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Return of documents sent with RoA

Post by 99Sheetal » Sat Jul 29, 2017 9:41 pm

I have applied for my Son's RoA last month in UK and its been more than 8 weeks now. I was expecting the response within 8 weeks (from the posts read on RoA Application) and have made plans to go outside the country.

Thinking of requesting the documents back. I was under impression that the application will be withdrawn by default if I request the documents to be returned but confused with the question on the form 'Do you want to withdraw the application'?

Do you think they will consider the application if its closer to the decision and then send the documents back?

Has anyone made RoA application within last few months and have received the RoA - would be helpful if you share the processing time.

Thanks

99Sheetal
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CoE of RoA form for application from India

Post by 99Sheetal » Sun Aug 13, 2017 9:33 pm

Hi Guys,

I am applying for CoE of RoA for my son from India. He is born in UK after we got our ILR. As its taking longer to get RoA from UK, we will be applying from India. I am filling the application form on VFS and its asks how do you qualify for Right of Abode but does not give an option to choose that parents were settled in UK before birth, it gives following options to choose from. I have selected Born in UK after 01 Jan 1983. Is this correct?

How do you qualify for right of abode?
Born in the UK before 01 Jan 1983*
Born in the UK after 01 Jan 1983*
Adopted in the UK*
Registered or naturalised as a British Subject, citizen of the UK and Colonies in the UK on or after 01 Jan 1983*
Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or after 01 Jan 1983*
A citizen or the UK and colonies at birth and with a grandparent born, registered, naturalised or adopted in the UK*
A citizen of the UK and Colonies who was ordinarily resident in the UK for a continuous period of 5 years before 01 Jan 1983 and was settled in the UK at the end of that period*
A Commonwealth citizen whose mother was born in the UK*
A female Commonwealth citizen who is, or has been, married to a man with right of abode at any time before 31 Dec 1982 *
A citizen of the UK and Colonies woman who is, or has been married to a man with right of abode at any time before 31 Dec 1982

99Sheetal
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Re: CoE of RoA form for application from India

Post by 99Sheetal » Tue Aug 22, 2017 10:08 pm

Hi Immigration Gurus, Secret Simon, Vinny,

Can you please help me with the above query.

Thanks

vinny
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Re: CoE of RoA form for application from India

Post by vinny » Wed Aug 23, 2017 12:41 am

Seems correct.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: FAMILY VISA OR ILR for a child of settled parents

Post by vinny » Wed Aug 23, 2017 12:49 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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