Citizenship for kid born in India

[ashoknaglikar]

Hello friends,

I need some pointers or contacts to find more information about my query.

I am presently on ICT tier 2 visa and stayed in UK for 8 years. If i stay for 2 more years than I will be eligible for UK Settlement / ILR after 10 year using Long Residence route. And which I will be able to apply for British Citizenship .
So question here is , I have a kid who is born in India , So how long does he needs to stay in UK before we can apply for this passport? OR Can I apply for his passport when I have got my passport.

And if there is indeed any wait period that how much is it ? And when does that time period is considered to start , is it point when he enters UK which is this April or from the point I get my ILR/Passport which is after 2 years?

Thank you for all your help and support .

[bizman]

He can get ILR after you and your wife get ILR. He can get BC after any of you get it.

[ashoknaglikar]

Thanks a lot for reply , Will my wife will be eligible for ILR, as she would be only 2 years on UK when I apply for ILR.

And regarding BC if I have BC and my wife is on dependent visa , would that be ok to apply for my son's BC?

[CR001]

So question here is , I have a kid who is born in India , So how long does he needs to stay in UK before we can apply for this passport? OR Can I apply for his passport when I have got my passport.

A child born abroad requires ILR before they can apply for citizenship when EITHER parent applies or is already British AND the other parent holds ILR. How old is your child??

And if there is indeed any wait period that how much is it ? And when does that time period is considered to start , is it point when he enters UK which is this April or from the point I get my ILR/Passport which is after 2 years?

Child can apply as I have stated above but requires ILR first.

Thanks a lot for reply , Will my wife will be eligible for ILR, as she would be only 2 years on UK when I apply for ILR.

If you apply for ILR based on 10 years long residence, your wife and child will have to switch to FLR(M), meeting the English and financial requirement. This will also reset their clock to zero for ILR and will be a new 5 year route (2 x 2.5 year visas) before they can apply for ILR. There is no shortcut for either of them and the time spent as PBS Dependent cannot be used to make up 5 years for ILR.

And regarding BC if I have BC and my wife is on dependent visa , would that be ok to apply for my son's BC?

No. Your child will follow the same path as your wife. 5 years on FLR(M) and then ILR.

[ashoknaglikar]

Thanks for explaining me with clarity. I think you made is very clear. My kid is 4 months old. He will be joining me in APRIL.

[CR001]

Thanks for explaining me with clarity. I think you made is very clear. My kid is 4 months old. He will be joining me in APRIL.

Real pity the child was not born in the UK as then as soon as you got ILR, you could have registered the child as British without the child needing ILR at all.

[ashoknaglikar]

Yeah , I never thought of this scenario. I was not considering for British passport till last week .

But thanks for clearing this up.

[CR001]

So your steps are as follows :

1. Apply for ILR using form SET LR if you meet all the requirements for 10 years long residence, counted from the date you entered the UK.

2. Once you have ILR and before your spouse and child visas expire, apply for them on form FLR(M). IHS is £1000 each plus visa fee £1033 currently, for the first 2.5 year visa. Spouse needs English A1 (can do B1) and you need to meet the £22,400pa financial requirement and submit at least 6 months payslips and corresponding bank statements.

3. Renew FLR(M) shortly before the first FLR(M) expiry. IHS and visa fee again for each and wife will need A2 (or B1) and the same financial requirement must be met.

4. Shortly before they have 5 years on FLR(M), apply for ILR for both of them, meeting the B1 English, LIUK and the same financial requirement again.

5. If you are British at this point, which I assume you will be, then they can both apply for citizenship as soon as they are granted ILR.

[ashoknaglikar]

You are just a star , thank you. it feels like you are reading my mind and answering the questions before I ask them . I can't thank you enough.

[ashoknaglikar]

One more question question , when you shortly before 5 years visa expiry FLR (M) , can you define short ? 6 months 1 month ? What's the perfect time

[CR001]

One more question question , when you shortly before 5 years visa expiry FLR (M) , can you define short ? 6 months 1 month ? What's the perfect time

No sooner than within 28 days before the 5th anniversary of the initial FLR(M) visa issue date, is when they can apply for ILR.

[ashoknaglikar]

Thank you . I will leave you be good luck and you are doing a great job. I cant thank you enough .

[CR001]

You're welcome and feel free to continue asking any questions you might have.

p.s. might be work copying the advice and your questions and emailing it to yourself or saving in Word so that you have a record when the time comes.