Help needed for my ILR and my son's citizenship

nikhilgupta · Post by **nikhilgupta** » Mon Mar 28, 2011 11:52 am

Hi experts

I was hoping you could help me answer a few of the questions I have regarding my ILR application and my son's citizenship. Here are the relevant details

1. Came to UK first on a WP on 24th April 2006.
2. Applied for HSMP, got approval letter dated - 30th August 2006. - this gave me FLR for 2 years

3. Subsequently filed for extension. Got extension approval dated 15th Oct 2008. Letter mentions that my application was considered under JR.

I am now applying for my ILR my questions are

1. Do I need to complete Knowledge of Life in the UK test?
2. I have a son who was born in UK in October 2010. He has Tier 1 dependant visa stamped. I want to get him his citizenship as soon as I get my ILR. A lawyer told me that for this purpose I should not include him on my application for ILR as a dependant as if my son gets ILR he can not get british citizenship unless I get British citizenship myself. Is that true?
3. What documents do I need to submit with my application? I can not find any source of reference that lists what documents needs to be submitted.

Many thanks
Nik

psdesai · Post by **psdesai** » Mon Mar 28, 2011 11:54 am

nikhilgupta wrote:Hi experts

I was hoping you could help me answer a few of the questions I have regarding my ILR application and my son's citizenship. Here are the relevant details

1. Came to UK first on a WP on 24th April 2006.
2. Applied for HSMP, got approval letter dated - 30th August 2006. - this gave me FLR for 2 years

3. Subsequently filed for extension. Got extension approval dated 15th Oct 2008. Letter mentions that my application was considered under JR.

I am now applying for my ILR my questions are

1. Do I need to complete Knowledge of Life in the UK test?
2. I have a son who was born in UK in October 2011. He has Tier 1 dependant visa stamped. I want to get him his citizenship as soon as I get my ILR. A lawyer told me that for this purpose I should not include him on my application for ILR as a dependant as if my son gets ILR he can not get british citizenship unless I get British citizenship myself. Is that true?

Many thanks
Nik

This is news to me. Any takers? BTW you mean born in UK in October 2010 ?

umb · Post by **umb** » Mon Mar 28, 2011 12:08 pm

nikhilgupta wrote:Hi experts

I was hoping you could help me answer a few of the questions I have regarding my ILR application and my son's citizenship. Here are the relevant details

1. Came to UK first on a WP on 24th April 2006.
2. Applied for HSMP, got approval letter dated - 30th August 2006. - this gave me FLR for 2 years

3. Subsequently filed for extension. Got extension approval dated 15th Oct 2008. Letter mentions that my application was considered under JR.

I am now applying for my ILR my questions are

1. Do I need to complete Knowledge of Life in the UK test?
2. I have a son who was born in UK in October 2011. He has Tier 1 dependant visa stamped. I want to get him his citizenship as soon as I get my ILR. A lawyer told me that for this purpose I should not include him on my application for ILR as a dependant as if my son gets ILR he can not get british citizenship unless I get British citizenship myself. Is that true?

Many thanks
Nik

Hi Nik

About your question 2. My colleague was under HSMP and as soon as he got ILR (for himself and the children)last year he applied for British Citizenship of his children (who were born in UK) and he got it straight away. He himself is applying for citizenship next month. Unless anything has changed since last year I think you can apply for citizenship for children straight away.

Thankks

nikhilgupta · Post by **nikhilgupta** » Mon Mar 28, 2011 12:19 pm

psdesai wrote:
This is news to me. Any takers? BTW you mean born in UK in October 2010 ?

Sorry yes I meant born in October 2010. I have amended my original post. Thank you for pointing out my mistake!

nikhilgupta · Post by **nikhilgupta** » Mon Mar 28, 2011 12:20 pm

umb wrote: Hi Nik

About your question 2. My colleague was under HSMP and as soon as he got ILR (for himself and the children)last year he applied for British Citizenship of his children (who were born in UK) and he got it straight away. He himself is applying for citizenship next month. Unless anything has changed since last year I think you can apply for citizenship for children straight away.

Thankks

Thanks umb! I went through a lot of documentation on UKBA's site and I could not find the information anywhere actually. I think that lawyer did not know what he was talking about. He was from 1stContact by the way.

Post by **vinny** » Mon Mar 28, 2011 2:48 pm

See also born in the UK.

nikhilgupta · Post by **nikhilgupta** » Mon Mar 28, 2011 4:02 pm

vinny wrote:See also born in the UK.

thanks Vinny. Just what I needed! So I can apply for my ILR and then get my son his British Citizenship.

One thing I forgot to ask, considering that I entered the country for the first time on 22/04/2006, do I have to wait until that date or can I file for my ILR now? (HO says to file 28 days in advance).

Post by **vinny** » Mon Mar 28, 2011 10:09 pm

You may apply for ILR no sooner than 28 days prior to the completion of your qualifying period. If you have already completed your qualifying period, then you may apply now.

However, if you are refused and have leave remaining, then you would have no right of appeal, but may reapply before your leave expires.

need_a_tier1 · Post by **need_a_tier1** » Tue Mar 29, 2011 1:02 pm

vinny wrote:See also born in the UK.

Is this rule applicable to only 'child born in the uk' OR will this rule also apply to child born outside the UK with a leave to remain as T1/WP dependant?

On a different note, just curious to know that if the parent's nationality is Indian can the OCI card be applied for just the child (while parents are having ILR status) or does the child needs a visa on his/her British passport for any travle requirements to India.

nikhilgupta · Post by **nikhilgupta** » Tue Mar 29, 2011 1:14 pm

need_a_tier1 wrote:
vinny wrote:See also born in the UK.
Is this rule applicable to only 'child born in the uk' OR will this rule also apply to child born outside the UK with a leave to remain as T1/WP dependant?

On a different note, just curious to know that if the parent's nationality is Indian can the OCI card be applied for just the child (while parents are having ILR status) or does the child needs a visa on his/her British passport for any travle requirements to India.

I would be very keen to know that myself actually.

ouflak1 · Post by **ouflak1** » Tue Mar 29, 2011 1:18 pm

need_a_tier1 wrote:
vinny wrote:See also born in the UK.
Is this rule applicable to only 'child born in the uk' OR will this rule also apply to child born outside the UK with a leave to remain as T1/WP dependant?

Only children born in the UK. There are so many possibilities and combinations that they have to be very specific about that.

need_a_tier1 wrote:On a different note, just curious to know that if the parent's nationality is Indian can the OCI card be applied for just the child (while parents are having ILR status) or does the child needs a visa on his/her British passport for any travel requirements to India.

We got our daughter's OCI whilst only having ILR (Me-American, Wife-Indian). Once the child has OCI, they have all of the travel rights granted with it. However, I do seem to vaguely remember that there is a little sticker they put in the child's passport that refers to the OCI. I'll take a peek later on. No other visas are required irrespective of what passport(s) they travel on.

Post by **geriatrix** » Tue Mar 29, 2011 1:54 pm

ouflak1 wrote:We got our daughter's OCI whilst only having ILR (Me-American, Wife-Indian).

In your case, the child was eligible for OCI because one parent (you) was a foreign national at the time of the application (American). Not possible when both parents are Indian citizens (section 7A of the Indian Citizenship Act).

need_a_tier1 wrote:does the child needs a visa on his/her British passport for any travle requirements to India.

Yes.

All, please post queries in the forum(s) relevant for it (e.g. - for OCI / requirement for Indian visa etc., in this forum)

need_a_tier1 · Post by **need_a_tier1** » Tue Mar 29, 2011 2:57 pm

need_a_tier1 wrote: Is this rule applicable to only 'child born in the uk' OR will this rule also apply to child born outside the UK with a leave to remain as T1/WP dependant?

ouflak1 wrote: Only children born in the UK. There are so many possibilities and combinations that they have to be very specific about that.

Thanks for the clarification ouflak1 !!

Apologies to ask again, but can a senior member confirm this or point to the official policy document which says that only 'children born in the uk' are eligible.

Again, sorry to ask this again - but am looking for some more information in support of this.

Post by **geriatrix** » Tue Mar 29, 2011 3:33 pm

vinny wrote:See also born in the UK.

need_a_tier1, click on the link above and you will see all the information you need ... and links to further information / rules / guidance / case law / etc.
And, to put your doubts to rest, this applies only to "child(ren) born in the UK".

need_a_tier1 · Post by **need_a_tier1** » Tue Mar 29, 2011 4:06 pm

sushdmehta wrote:And, to put your doubts to rest, this applies only to "child(ren) born in the UK".

Thanks!!

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