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ILR for child born in India

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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harshalindani
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India

ILR for child born in India

Post by harshalindani » Tue May 15, 2018 7:39 am

I 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 !

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CMOSUK
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Re: ILR for child born in India

Post by CMOSUK » Tue May 15, 2018 8:17 am

harshalindani wrote:
Tue May 15, 2018 7:39 am
I 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 !
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.

If the child is born in the UK to non settled parents, the child will still not be a British citizen automatically, thyy would need to register using form MN1 upon one of the parents obtaining their ILR, not before it.

If the parent had obtained ILR and the child was born after the attainment, then the child would be a British national by birth and not by naturalisation (automatically).

Again this my understanding and I'm not 100% on this but if the kind and generous mods could confirm this and rectify any mistakes I have made.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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CMOSUK
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Re: ILR for child born in India

Post by CMOSUK » Tue May 15, 2018 8:59 am

Also, i would like to point out as well, if the child is born outside the UK and you do not register them, they will become stateless but again, as parents you need to have settled status or British citizenship for registering your child as a British Citizenship to bring them over to the UK.

Just to give you an idea of what i mean, the S2 guidance refers to the requirements which are:
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, you should also refer to the MN1 guidance as well.

the only other thing that i can see in the MN1 guidance is on page 14: Registration at the Home Secretary’s discretion – Section 3(1)
application


Scroll down to page 16 titled: Any other child born to British or non-British parents

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.
again not to cause stress or displease you on the above information, again this is my understanding of it all.

**EDIT**

after re-reading your dates of coming back to the UK, you would have to include your child in your application of ILR, but before then, my understanding you may need entry clearance for the child. Again if some clarification can be sought.

Sorry maybe i have misunderstood the question. :oops:
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


harshalindani
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India

Re: ILR for child born in India

Post by harshalindani » Tue May 15, 2018 9:28 am

Hi,

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.

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CMOSUK
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Re: ILR for child born in India

Post by CMOSUK » Tue May 15, 2018 9:40 am

harshalindani wrote:
Tue May 15, 2018 9:28 am
Hi,

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.
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.

My understanding is, maybe it would be better to have the birth in the UK and once you have attained ILR you may register the child using for MN1 as a British citizenship, during the time of birth and between one of the parents attaining ILR, it would be best not to travel outside the UK with the child as that will then maybe invalidate eligibility for the child to register as a British citizen.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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CMOSUK
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Re: ILR for child born in India

Post by CMOSUK » Tue May 15, 2018 9:48 am

MN1 Form fees for a child under 18 is £1012, plus whatever the passport fee's will be, i'am not sure if NCS is available for this application form type

Whereas if the birth took place in India, as you have mentioned you would be going through all the process with fee's every step of the way, considering the child from my understanding would be applicable for ILR fees which are at the moment £2389.00. :o
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


arya2912
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India

Re: ILR for child born in India

Post by arya2912 » Tue May 15, 2018 8:16 pm

It's totally a personal choice. But having your baby delivered in the UK makes the immigration process a lot simpler/less expensive. Once either of your ILRs is sorted, you need to apply for BC (MN1 form and British passport), you will need to get a tourist visa or an OCI card for the little one to travel to India. Good luck with your pregnancy!

harshalindani
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Re: ILR for child born in India

Post by harshalindani » Thu May 17, 2018 9:03 am

Thanks 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,

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CR001
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Re: ILR for child born in India

Post by CR001 » Thu May 17, 2018 10:15 am

harshalindani wrote:
Thu May 17, 2018 9:03 am
Thanks 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,
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.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

harshalindani
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Posts: 6
Joined: Tue May 15, 2018 7:36 am
India

Re: ILR for child born in India

Post by harshalindani » Thu May 17, 2018 10:29 am

Thanks for your reply. Appreciate it.

harshalindani
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Re: ILR for child born in India

Post by harshalindani » Thu May 17, 2018 10:31 am

Thanks CMOS, Arya and everyone for helping.

I am clear now on the procedure and costing and being in UK makes much more sense.

Thanks.

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