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My understanding is, as both of you are not of settled status yet (due in 2019 for both) and the birth is taking place in India before both parents have ILR yet, the child may not be eligible for ILR or British citizenship/naturalisation and from my understanding will need entry clearance for coming back to the UK(technically as they have never been on the UK.) , it could be possible though, when one of the parents ILR is due for an application, the child may be included in the application and be granted inline with one of the parents.harshalindani wrote: ↑Tue May 15, 2018 7:39 amI am pregnant and due in Nov 2018.
My husband ILR is due in Jan 2019 and mine in Apr 2019.
I am planning to travel to India in Sep 2018 for child birth and will be back by Feb 19 for family and health reasons.
My query is if I travel to India, do I need to apply for ILR for the child after coming back to UK and then obtain British passport.
My second query is if I decide to give birth to child in UK in Nov 18 and my husband obtains ILR in Jan 19, can we apply for birtish passport for child in Feb 19 instead of taking the ILR route.
Thanks !
again, you should also refer to the MN1 guidance as well.2. The requirements you have to meet
Notes
To be registered:
● you must have been
stateless when you were
born
AND
● you must always have been
stateless
AND
● you must have been born
on or after 1 January 1983
AND
● you must have been born
outside the United Kingdom
and the British overseas
territories
AND
● you must have been in the UK or a
British overseas territory at the
beginning of the period of 3 years
ending with the date of application
AND
you should not have been absent
from the United Kingdom or British
overseas territory for more than 270
days in that 3 year period
AND
when you were born, your mother
or father was:
a British citizen
a British overseas
territories citizen
British Overseas citizen or
a British subject
again not to cause stress or displease you on the above information, again this is my understanding of it all.It is not possible to cover all circumstances under which the Home Secretary might
exercise discretion in circumstances not already described in this guide. However,
in considering any application not specifically covered above consideration will be
given to:
the child’s connections with the UK – we would expect the child to be free of
any restrictions on their stay in the UK
where the child’s future is likely to lie
the parents’ views
the parents’ nationality and immigration status – we expect either both parents
to be British citizens or one parent a British citizen and the other parent settled
in the UK
whether the child is of good character
the length of time the child has lived in the UK – we expect at least 2 years
residence (particularly if the child is over the age of 13)
any compelling circumstances
The way that discretion may be exercised is described in the Nationality Staff
Instructions available for viewing on the Gov.uk website. These guidance
documents used by trained nationality caseworkers and do not constitute a
definitive set of criteria for registration. They must be taken as a whole. The fact
that children may satisfy certain criteria does not mean they will be registered if
there are other criteria that they do not satisfy.
well, if you take into account the above information, going to India and then coming back will have its own set of obstacles for when time does come to getting immigration matters sorted out for the child.harshalindani wrote: ↑Tue May 15, 2018 9:28 amHi,
Thanks for all your reply & in-depth answers.
I was planning to apply an Indian passport for baby and then dependent visa in India to bring him/her to the UK.
As me and my husband dont have ILR, does being in UK during child birth makes things any easier/simpler/cheaper.
Considering the cost and hassles of of -
Obtaining Indian passport
Visa in India
NHS fees for visitor (£200 per annum)
ILR fees after coming to UK.
Naturalization for child
British passport
I want to take a decision on whether should I go to India or not & understand implications of my decision & whether being in UK makes it any simpler.
Unlikely your child will get a visitor visa as they are not a visitor. You will have to apply for a child settlement visa (costs £1523 plus £600 IHS) or the visa category that you/your spouse holds.harshalindani wrote: ↑Thu May 17, 2018 9:03 amThanks Arya. One simple query, if I go to India, what will be the procedure.
As per me it will be
Indian passport
Visitor Visa
MN1 after one of us obtain ILR
British passport.
Thanks,