Re: British Citizenship for my kids

[greenhorntechie]

Hi,

I have a query regarding applying for British Citizenship for my kids.

I received my British Citizenship earlier this year and my spouse is still holding an Indian passport. I am now planning to apply for citizenship for both of my kids. The elder one is having ILR status while the younger one is on PBS Dependent ( Leave to Enter) status. Both of them were born in India.

Can anyone please point me to the right documentation or process to follow? What sequence of steps needs to be taken in order to apply for BP for my kids?

Thanks in advance.

[CR001]

Children born abroad require ilr first. Why did you not include the child in you or your wifes ILR application?

[greenhorntechie]

Hi,

Thank you for the response.

Our second child was born outside the UK, after our ILR, but before my British citizenship.

When we applied for his visa from India in December, we were told to apply for his visa under the below visa application category.

"Non-British child of a parent who has permission to be in the UK as a partner or spouse of a British citizen or person settled in the UK granted permission under the Rules in place before 9 July 2012 Non-British child of a parent, parents or relative who are British citizens or settled in the UK Non-British child of a relative who has limited leave in the UK as a refugee or receiving humanitarian protection Non-British adopted child or child for adoption in the UK of a parent or parents who are British citizens or settled in the UK."

Subsequently, he was issued a PBS Dependent (Leave to Enter) visa, using which he travelled to the UK couple of months ago. Is this not similar to ILR?

My spouse is not eligible for British Citizenship yet. However, as I am now holding BP, I thought I would get it done for both the kids and I was under the impression that the Leave to Enter category is similar to ILR.

Can you please educate me on what needs to be done for each of them specifically?

Thanks

[secret.simon]

Leave to Enter category is similar to ILR.

Indefinite Leave to Enter is effectively the same as ILR, but issued abroad. Any form of limited entry clearance is of course not equivalent to ILR.

What is the UK immigration status of the other parent?

The child born abroad should have a visa issued in-line with that of the second/less-privileged parent.

If the mother is on a PBS Dependent visa, then the visa issued to the child is correct and the child is eligible to apply for ILR along with the mother.

[greenhorntechie]

Details of Immigration status of our family

Mine: British Citizenship issued in Jan 2022
Spouse: ILR issued in July 2020
1st Child: ILR issued in July 2020 (Applied along with my spouse's ILR application)
2nd Child: Born in July 2021 in India. So applied for his visa in Dec 2021 while both I and my wife were still on ILR. He was issued a PBS Dependent (Leave to Enter) in May 2022 and travelled to the UK in June 2022

Can you please comment on what needs to be done for the kids' processing of British Citizenship based on their above immigration status?

Thanks

[secret.simon]

2nd Child: Born in July 2021 in India. So applied for his visa in Dec 2021 while both I and my wife were still on ILR. He was issued a PBS Dependent (Leave to Enter) in May 2022 and travelled to the UK in June 2022

If both parents had ILR, then the child should have been issued with ILE. It may be that the wrong form or wrong options were selected at the time of the application. Did both of you submit your ILR BRPs?
There is almost certainly a procedure to get that corrected, but I am not aware of what the procedure is and I will leave it to others to comment here on that.

[greenhorntechie]

Thanks for the information. We have submitted both our ILR BRP cards at the time of application submission. But not sure why ILE wasn’t issued. Any idea what is the procedure to get it changed to ILE?

Also, is it a pre-requisite to have ILR/ILR before applying for citizenship or can we directly apply for citizenship now that I am holding a British Passport?

Thanks

[CR001]

What does the visa approval letter state?

What form did you complete for the child's visa?

[greenhorntechie]

I am trying to find the letter received along with the visa, I don't remember seeing anything significant within that. In the BRP card, it says

Type of Permit
PBS Dependent (Leave to Enter)

When we applied from India, below is the link used to apply as the child (https://www.gov.uk/uk-family-visa/child). Please see the screenshot (https://www.linkpicture.com/view.php?im ... 1884347547) for the category we applied from this link

The completed form has the below for the field Type of visa / application.

Non-British child of a parent who has permission to be in the UK as a partner or spouse of a British citizen or person settled in the UK granted permission under the Rules in place before 9 July 2012 Non-British child of a parent, parents or relative who are British citizens or settled in the UK Non-British child of a relative who has limited leave in the UK as a refugee or receiving humanitarian protection Non-British adopted child or child for adoption in the UK of a parent or parents who are British citizens or settled in the UK.

Here is the screenshot(https://www.linkpicture.com/view.php?im ... 1884347547) as well from the completed application form.

[CR001]

Then the BRP is incorrect and should have been spotted and rectified as soon as you received. What did the visa vignette state? If this also stated PBS Dependent visa, then it should have been corrected before traveling to the UK. It is important to find the letter to understand where the error is as with the form link you provided, the child should have been granted ILR.

Also, the image links don't work.