PBS dependent visa applied but we want to apply for British passport

[Lakshmiasha]

Hi All

I am writing to you all to get a valuable suggestion on below ILR child dependant queries

My son who is 2 year old having general tire2 visa traveled to India with his grandparents in Jan 2020....The plan was I will go and get him back to UK in March and apply for a British passport from UK as he would be eligible by then.But due to lock down I was unable to go and get him back. His visa expired in May2020.I had applied for a Visa waiver in June , it got approved and the team asked me to send his tickets when I book.
since there were no flights I couldnt book the tickets ,In September I got direct flight from Bangalore to UK so I booked his tickets for Oct 31. Yesterday I got a reply saying that visa waiver is no longer valid, I have to apply visa for him. I got below questions

1) Can I apply ILR dependent from India?
2) If so , how long it may take?Is there any fast track for ILR dependent?
3) Is there any other way I can get him as ILR dependent fees is 1600 pounds + NHS surcharges will be 1200 pounds which is not required as he is eligible for a British passport.

Please suggest the best option for me.

Thanks
Lakshmi.D

[asap8]

Hi

What is your husband's and your immigration status? I don't think you can apply for ILR from India.

[vinny]

Can you apply for another visa waiver?

[Lakshmiasha]

We both have ILR received in feb .

[Lakshmiasha]

We both have ILR received in feb .

[Lakshmiasha]

Im not sure how they consider if I apply another visa waiver as i'm following up with them to extend the visa waiver which they approved in June.

[vinny]

Options.

[Lakshmiasha]

Thanks Vinny for the reply

1)I think 304 is correct but I don't see any link to apply for 304.Could you please let me now which form should I fill?
2)I tried filling FM online form....In Gov website they say no need to pay the NHS surcharges. but while filling the form it ask to pay NHS surcharge ....any idea how it works?
3) It also ask for TB test report.

Thanks
Lakshmi.D

[asap8]

Why don't you register your child as British Citizen from India? I think it is possible, but wait for Vinny's advise.

[vinny]

Unfortunately, there doesn’t appear to be a specific application form under 304! Registering child or applying under 297 is probably simplest. Under 297, should claim for a IHS refund later, if charged. Since child has been away from UK for more than six months, a TB test is required, if ILE is granted for the duration of passport and is more than six months.

[Lakshmiasha]

Thank you asap8 and Vinny for the response.

I got below respose from home office team

"We requested Border Force to re-consider baby’s case on 2 separate occasion today, however neither appeal has been successful and therefore your request has NOT been authorised.


Please note that an alternative option for baby is to apply for the Right of Abode in the UK. Baby’s Indian passport can be endorsed to show he has ROA in the UK and he can then travel to the UK on that. This is not something the Visa Waiver Team can facilitate or advise on, however please see the below link for further information:

https://www.gov.uk/right-of-abode/apply ... ntitlement"

But I do not have any idea on ROA. Any suggestions on ROA please?

[CR001]

You cannot apply for right of abode as the child is not british if the child was born BEFORE either parent got ILR. You would have to register him as British first on form MN1, which means he will lose his Indian citizenship.

[vinny]

If same child, then child is not British.

[Lakshmiasha]

Yes ts the same child.

Vinny, in previous message you said registering or apply under 297.
After registering ,I have to apply for British passport ,then entry clearance visa and will take minimum 2 months.His tickets are booked on 31st October.

Could you please let me know the form if I have to apply under 297?

Thanks,
Lakshmi.D

[vinny]

Try.

[Lakshmiasha]

I also got below email

"
Please be advised that we shall re-submit your request for a Visa Waiver (VW), however note that the authorities above us(Border Force) are the ones that make the final decision on approving the request. We shall update you on their response ASAP"

Is there any way that I can contact UK boarder Agency?

[Lakshmiasha]

HI.. I tried filling this application .. I have a doubt on following question

Select a visa subcategory

Which is the correct option for me being me and my husband has ILR


You will be shown more information once you select a subcategory, click 'Next' and enter the country you are applying from.

Your family member may already have (or is currently applying for) permission to be in the UK. Select the category most relevant to the family member you are joining or accompanying.

Your family member is:







Exempt from UK immigration control


Working in the UK, the Channel Islands or the Isle of Man


Studying in the UK, the Channel Islands or the Isle of Man


In the UK with refugee leave or with humanitarian protection


A current or former member of UK armed forces (HM forces)


A British citizen, settled in the UK or in the UK for another reason

[vinny]

Your family member is:
....
A British citizen, settled in the UK or in the UK for another reason

since

We both have ILR received in feb .

[Lakshmiasha]

Thanks for the reply earlier,

Regarding getting my baby back to UK , I got a mail "SHTsheffieldRequestedDocs@homeoffice.gov.uk" to fill the form.After filling they said I have to apply in country application for leave to remain in order to meet the requirements of paragraph 33A of the immigration rules , post applying I have to provide the proof of fees paid and application reference number to them so that they will allow my baby to enter the UK then after returning to UK the application can be concluded.

My query is:
paragraph 33A of the immigration rules is applicable only for leave to remain or applicable for "Register the child for British Citizen(form MN1)"?

If I have to apply for leave to remain I have to pay nearly 3000 pounds and which is waste of money as my baby is eligible for British Citizen(My baby is born in UK and parents got ILR post his birth).Please advice.

Thanks,
Lakshmi.D

[vinny]

A UK born child is entitled to register directly.

[Lakshmiasha]

Dear All,

My son was born in UK & he is 2years old now. He had PBS dependent visa & travelled to India. He was stuck there due to covid international lockdown & meanwhile his visa got expired. UKVI gave him an exception to travel back to UK by just applying for the PBS dependent visa & complete biometric after travelling back to UK. But he was eligible for British passport & we requested UKVI that we'll apply for British passport but they refused. So, we applied for PBS dependent visa & got him back to UK. His biometric is yet to be completed by Dec 31, 2020.

Now, we would like to apply for British passport & his PBS dependent visa application is really not required.

We dont want to pay fee for two applications. Is it possible to withdraw the PBS application & get the refund? Or any other suggestion in this regard will be very helpful. Thank you.

with best regards,
Lakshmi

[CULLINAN]

Assuming the child was born in UK before any parent(s) was settled in UK, you will have to register the child as BC first via MN1 route. Once that is accepted, you can apply for a British Passport only.

You can not get a refund for PBS dep application unfortunately.

[Lakshmiasha]

Thank you for the reply.

Yes child was born in UK before parents were settled in UK.
Cannot I vary the application from PBS dependant to MN1? as PBS dependant visa is not really required for him.

I have not yet given biometric yet.

Thanks,
Lakshmi.D

[Lakshmiasha]

If I cannot vary the application from PBS dependant to MN1? can I withdraw the PBS dependant application as I have not given biometric for PBS dependant yet.

If I withdraw the application will they refund the PBS dependant application money back?please advice

Thanks,
Lakshmi.D

[CULLINAN]

If I cannot vary the application from PBS dependant to MN1? can I withdraw the PBS dependant application as I have not given biometric for PBS dependant yet.

If I withdraw the application will they refund the PBS dependant application money back?please advice

Thanks,
Lakshmi.D

NO. You can not vary an immigration application into a Nationality application. MN1 falls under the Nationality laws not immigration rules.