Query on child born outside UK + citizenship applying date

[ssomanat]

Hi ,

I know these questions were raised before by others. But i couldnt see a clear answer; hence posting again . Please reply.

1) If iam permanent resident of Uk (ILR) and my baby is born in India, would he/she become Uk citizen OR he/she get an ILR being a dependant of us ?

2) If he/she gets an ILR , can he/she become Uk citizen when my wife becomes citizen ? Btw , iam planning to remain with ILR.

3) If we stay outside UK for more than 90 days when we have ILR would it affect our UK citizenship applying date ? eg: If i stay in India for 7 months would my citizenship applying date be also extended by 7 months ?

Many thanks for your help.

Regards,
/Shyam

[John]

Using your numbering :-

1. It is not clear if the baby has already been born or if your wife is still pregnant. If the baby is born, or has been born in India (or anywhere outside the UK) then the baby will not be British, and it will be necessary to apply for a Child Settlement visa for him/her. As you have ILR, that visa will be granted as ILE ... indefinite leave to enter. But if the baby is born in the UK, he/she will be British from the moment of birth.
2. Yes, and this of course assumes a birth outside the UK, when your wife applies for Naturalisation the child can be Registered as British.
3. One of the requirements for Naturalisation is that the time outside the UK in the last year, up to the date of application, is that no more than 90 days outside the UK. So being abroad for 7 months will cause a problem for a while.

[bammu]

I am on ILR when my baby born in india. He got only 27 months settlemet visa and not ILE...please help me

[vinny]

If both parents has ILRs, then child should get ILE. Else, child will be granted leave in line with the non-ILR parent.

[walnutfish]

Bammu: Not sure what you mean "He got only 27 months settlemet visa and not ILE". If you apply for a settlement in India, they normally give you ILE but the important thing to note is that the ILE will have an exipry date. This date is normally the child passports expiry date as the High commission does not have rights to give VISA without an expiry date when applying outside U.K.

But the ILE with an expiry date does not mean anything. It is same as ILR. When the child passport expires, you don't have to apply for ILR. you can use your old ILE sticker along with the new passport.

My son has the same situation and has an ILE with an expiry date.

For more information : http://www.ukvisas.gov.uk/en/ecg/ecbasi ... y#12426421

[John]

I am on ILR when my baby born in india. He got only 27 months settlemet visa and not ILE...please help me

Without giving details of any names, can you please post exactly what the visa says?

[bammu]

The Visa states: Child accompanied with <My wife name>/ <My name>
Visa duration: In line with my wife's visa duration.At the time of application I hold ILR and my wife holds 27 months settlement visa.

[John]

bammu, thanks for that, and for the avoidance of doubt, you are the biological father of the child .... and not "just" a step-parent?

If you are the biological father then I think the visa is wrong, and it is possible to get it corrected.

[bammu]

Hi John,

Yes I am the bilogical father of the child, How can I get his visa corrected, Pleasse advice me..

[vinny]

Visa issued correctly, in accordance with 302.

[John]

Or possibly issued incorrect, in view of para 297? (same link as for 302 above)

[vinny]

297(i) is not satisfied?

[bammu]

I think 297 is satisfied, as my husband is present and settled in uk

[geriatrix]

The Visa states: Child accompanied with <My wife name>/ <My name>
Visa duration: In line with my wife's visa duration.At the time of application I hold ILR and my wife holds 27 months settlement visa.

Husband / father has settled status (ILR), Wife / mother - leave to enter for 27 months (spouse visa) and not ILE, therefore 297(i) is not satisfied.

IMHO, endorsement is correct, as already indicated by vinny above.

If both parents has ILRs, then child should get ILE. Else, child will be granted leave in line with the non-ILR parent.

regards