UK Born Child before parents got ILR - travel outside UK with non-UK passport - Visa requirements

[sksk123]

Hi Gurus,

Myself and my wife got ILR last week (Tier-2 General 5 Years). Just to let you know I have got every possible questions listed and answered in this forum as part of my ILR application and thanks a lot for that.

My daughter was born in March-2019 and I have applied and got Indian passport for her since I need to travel to India soon. I knew I can apply for MN1-> British Passport but since it will take few months, I have decided to apply Indian passport so that I can apply visa for my daughter so that we can come back and apply for MN1->passport next year.

My questions are:
1. What type of visa should I apply for her since I just need it for a year before I can apply naturalization?
Can you also please send the link for that?
2. Is there a financial maintenance requirements for that?
3. Currently my daughter doesn't have any visa. How long she can use NHS services?

Thanks a lot.

[CR001]

1. What type of visa should I apply for her since I just need it for a year before I can apply naturalization?

there is no 1 year visa. She needs to apply for a child settlement visa. Some MN1 applications are taking a few weeks/couple of months.

Can you also please send the link for that?

https://www.gov.uk/uk-family-visa/child

2. Is there a finanical maintanance requirements for that?

Yes, contained in the link above.

3. Currenlty my daughter doesn't have any visa. How long she can use NHS services?

First 3 months after birth only.

[sksk123]

Thanks CR001.

I have been doing some more reading and research to see the options.
If I go with settlement visa, I need to spend around £1033+NHS surcharge and there are too much documentation. I am trying to avoid that. Based on that, I have few questions.
1. If I apply naturalization, If I get it within 2 months, I can apply for British passport so that I can travel with that. But if I don't get it before December, Can I travel with the certificate and apply British passport from British bembassy in India? Is there a link/doc reference for that.

2. Another option is that If I don't get the certifcate before I travel, I can apply settlement visa from India (I know it is £500 more). is that fine?

3. I have read another thread where if the naturalization approved, it invalidates the other visa BRP's. Is it same for the settlement visa in case my naturalization approved during the process of settlement visa.

4. Otherwise, Can I process ILR for her since it will take less documentation and it costs around £2200 only and will get the results in 8 weeks.


Thanks for all your help.

[sksk123]

Hi Moderators, Can you please answer these?

[sksk123]

Just one more question, Since I have got ILR from Tier-2 visa, I read I can apply under permission to stay under tier 2 visa holder. Can you confirm if that is fine?

[CR001]

Just one more question, Since I have got ILR from Tier-2 visa, I read I can apply under permission to stay under tier 2 visa holder. Can you confirm if that is fine?

No you cannot as both you and your spouse now hold ILR. You would have had to apply for the childs tier 2 dependent visa BEFORE you applied for ILR or if only you got ILR and your spouse was still on tier 2 dependent then you could have applied for the child.

[sksk123]

Thanks CR001.

I have been doing some more reading and research to see the options.
If I go with settlement visa, I need to spend around £1033+NHS surcharge and there are too much documentation. I am trying to avoid that. Based on that, I have few questions.
1. If I apply naturalization, If I get it within 2 months, I can apply for British passport so that I can travel with that. But if I don't get it before December, Can I travel with the certificate and apply British passport from British embassy in India? Is there a link/doc reference for that.

2. Another option is that If I don't get the certificate before I travel, I can apply settlement visa from India (I know it is £500 more). is that fine?

3. I have read another thread where if the naturalization approved, it invalidates the other visa BRP's. Is it same for the settlement visa in case my naturalization approved during the process of settlement visa.

4. Otherwise, Can I process ILR for her since it will take less documentation and it costs around £2200 only and will get the results in 8 weeks.


Thanks for all your help.

[sksk123]

Hi Moderators, Can you pls answer the above questions?

[sksk123]

Can one of the moderators pls pls answer? I am running out of time.

[secret.simon]

1. If I apply naturalization, If I get it within 2 months, I can apply for British passport so that I can travel with that. But if I don't get it before December, Can I travel with the certificate and apply British passport from British embassy in India? Is there a link/doc reference for that.

You can.

Be aware that first passport applications from India can take six months to a year.

2. Another option is that If I don't get the certificate before I travel, I can apply settlement visa from India (I know it is £500 more). is that fine?

That should be fine too.

4. Otherwise, Can I process ILR for her since it will take less documentation and it costs around £2200 only and will get the results in 8 weeks.

Same thing as settlement visa listed above. And the fees for them will likely be the same.

3. I have read another thread where if the naturalization approved, it invalidates the other visa BRP's. Is it same for the settlement visa in case my naturalization approved during the process of settlement visa.

Yes. Naturalisation (that is,when the naturalisation certificate is issued at the citizenship ceremony) invalidates the ILR BRP.

[sksk123]

Thanks a lot. I have decided to go with ILR option. Can you please let me know if I need to do SET(O) or SET(M)?

[CR001]

Thanks a lot. I have decided to go with ILR option. Can you please let me know if I need to do SET(O) or SET(M)?

Form SET(F) for the child when both parents hold ILR.

[sksk123]

Thanks a lot.
I have started filling Set(F) and found that it requires lot of documents. One of the document they want is address proof for my daughter and my GP refuses to send me any documents and they need a month to process any of these request.
I have read in another thread where you have mentioned that Set(O) can be used for Kids even if both parents got ILR. (indefinite-leave-to-remain/ilr-for-depe ... 42627.html).

I want to get this process done asap. Can I apply using Set(O)? Will Home Office ask me to change the application type if I apply using SET(O)? Please let me know.

[sksk123]

Hi CR001, Can you pls answer this? I want to apply asap.

[CR001]

Apply on Set(O) then. it really makes no difference but to spend more than £3k for ILR when it is not necessary seems a waste.

[sksk123]

Thanks you!
I have the appointment on Friday to apply ILR. I have used Set(o) form.
Have a quick questions.
It hasn't asked me any additional documents other than my daughter's Indian passport. Still I have attached some of the documents like Birth Certificate, My BRP, Payslips and Bank Statements. Hope it is fine.

I am pretty sure based on the answers, they can figure out that my daughter born before me and my wife got ILR since there is no questions related to that.

Should I write a cover letter explaining why I am applying ILR?

[sksk123]

Hi Cr001, can you please answer?

[sksk123]

ILR is approved for my daughter. [I didn't attach any cover letter] Thanks a lot everyone. Special thanks to CR001 and Secret.Simon for answering most of my questions.

Here is the summary based on my experience. Moderators, please correct if anything is wrong.

If a child is born here in UK and if there are travel requirements and if both parents are eligible for ILR in the near future, get the dependent visa the child before you apply ILR since there are different rules once both parents get ILR.

For child's ILR, use SET(o) form (If the father/mother had Tier-2 originally) which is much simpler and requires less documents.

Again, thanks a lot moderators.