Wife has 30 days to leave but 1 month child has no visa!!!

[general]

Hi everyone


I'm sure this has been answered elsewhere on this forum in another thread but i can't seem to find 1. So please do excuse me. I have friend who lives in a remote region in Pakistan and is in between a rock and a hard place. His wife has received her visa and has 30 days to leave but they have a 1 month old son, what is the best thing to do here? Should he apply for his sons British passport or should he apply for a dependant visa for his son. The british passport is going to take atleast 6 months where as the dependant might be processed quickly but hes also running very low on money. I really feel sorry for this chap they (him and his wife and child) are absolutely a beautiful family,,,and he feels really lost. Could some1 suggest whats the best course of action? The poor chap has lost his job too in the uk.

Thanks guys

[Greenie]

what visa does the wife have?
Why does she havce 30 days to leave?

[geriatrix]

Please explain "she has only 30 days to leave"?

Anyhow, the child either needs an entry clearance or a British passport, depending on what the child is eligible for. Having looked at the Guide to visa processing times, hoping that a visa may be issued within 30 days is, perhaps, being a bit too optimistic.

If the child is a British citizen, check if he is eligible to apply forEmergency travel document to enable him to travel to UK within the "30 days" time frame.


regards

[general]

Sush thanks for the quick reply. I've rang him and his phones off, he's probably not reached home yet, but I will clarify what type of visa his wife has got.

Well he has been here almost 3 months and the child is a month old, his wife has 30 days left to leave country. I presume she had 3 months to leave from the date of issue of the visa and has just 30 days left. I did mention to him that because his son is eligible for a british passport he might be eligible for emergency travel document as long as he can provide or furnish the required documents. While I collected my childrens passports the gentleman behind the counter asked for original nikah nama (marriage cert) and translation for british passport application for his son. Now he has to submit that in but this process will take months and his wife will probably not leave in next 30 days infact he is planning to stay until his son gets his passport, but then what will happen to the wife does she have to make a fresh application? And hes running low on money.

It was heartbreaking to watch him holding his child and explaining his predicament. And Thanks guys for the quick response.

[Greenie]

Do you mean that she was given a 27 month spouse visa and that she needs to enter within 3 months to enable her to complete her two years in the UK?

NB if you are asking for advice on someone else's behalf it is advisable to be clear on the facts otherwise the advice you receive may be wrong.

[general]

@greanie,,,,Yes your right I'm sorry for not being a little clear on the facts. Errm yes i think it is the 27 month spouse visa.

So do you think ETD will be the option?

[Greenie]

Well she doesn't have 3 months to enter in that case. She can enter at any time within the duration of the visa (the 27 months) but if she enters later than 3 months + 28 days then she will have to apply for further leave to remain before she will be eligible for settlement.

Are you certain the child is British? Where was the father born>

If the child is a British citizen then the other option is to apply for a certificate of entitlement to the right of abode, but I don't know how long this will take. Does the child have a Pakistani passport?

I'm not sure an ETD would be issued in these circumstances - what is the emergency?

[general]

The father is British by birth and not decent.

[general]

The wife has been issued a spouse visa on the 4th of march and is valid from 23rd march and she was told by the staff at the embassy that she has 28 days to leave and enter the UK.

Will his wife have to leave country and then come back after like 2 weeks stay here for 2 months and then repeat this till the child gets his British Passport?

There must be a way around this??

[Greenie]

she doesn't have 28 days to enter the UK. She can enter the UK at any point, the issue if she has been issued a 27 month visa, she must enter the UK within 3 months + 28 days otherwise she will have to apply for further leave to remain in the UK before she qualifies for settlement

(because she has to complete 2 years leave as a spouse in the UK, and the earliers she can apply is 28 days before she has completed those two years).

I don't know why you think that it will take 6 months for the child to be issued a British passport?

The options as I see them are

- Apply for a British passport for the child
- Apply for a certificate of entitlement of the right of abode for the child and travel to the UK with that and a Pakistani passport if he has one
- Apply for an emergency travel document although it's not clear that there is an emergency.

[general]

The reason why I said it will take upto 6 months for the passport is because thats the waiting time for British passports in Pakistan,, they are processed in Hong Kong. Another friend whom I met after literally 10 years just had his sons British Passport made and it took him 9 months.

He is waiting for his long uk birth cert to arrive from Uk so he can submit the application for his sons passport. So should he also make an application for a certificate of entitlement of the right of abode for the child? And what documents will he require for him to qualify?

He has his marriage cert with trans and childs birth cert with trans, his own British passport, his long uk birth cert will be arriving soon.

Greenie could you please just give some links so I can have a better idea as to what the procedure will be for Certificate of entitlement of the right of abode and how long will this process take or usually takes?

He will definitely apply for BP.

TOP MAN GREENIE THANKS FOR THE ADVICE FELLA!

[Greenie]

Certificate of Entitlement

Ps. I am not a man...but you are welcome!

[batleykhan]

The father is British by birth and not decent.

TOP MAN GREENIE THANKS FOR THE ADVICE FELLA!

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Greenie
Sage


Joined: 21 Aug 2008
Posts: 571

Posted: Thu Mar 10, 2011 10:37 am Post subject:

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Certificate of Entitlement

Ps. I am not a man...but you are welcome !!

Sorry could not help but laugh so much with this

[general]

I'm glad you got a good laugh Batley bro,,, coz u got 2 days left...listen where I live in pindi during the floods we had taken 2 truck loads of supplies to the people displaced and effected by the floods, well I didn't go I decided to stay which was a wise decision coz when they got there the people who they intended on helping actually didnt give them a chance to help them. They were beaten slapped around , one of the truck driver was really bad and then everyone went mad and fought over the supplies i.e blankets water flour ghee etc etc. the stories the boys told were horrific. You can just imagine how desperate these people were,,,Batley i take my hat of at you bro...May Allah bless your heart.

ring me when your here I would really like to meet up and Ill make a donation.

03315917710

Ok back to the topic,,,1 last Q can he make both applications same time he has 1 set of original documents,, also whats the processing time for ROA cert entitlement in pakistan?


Thanks