ILR - Baby born in UK

[UK2US]

Hi ,

I am planning to apply for ILR for me and 2 depends ( wife and kid) in September 2011 but I am not sure whether my kid is required ILR or not.

Could you please answer the following questions?

1. My kid has got Indian passport and Tier - 1 dependent visa last year and it is valid till 2013. Does he qualify for British citizenship after we (me and my wife) got ILR?

2. We are planning to go India in Dec 2011. Does he need British passport by that time or can he travel on current visa ( tier -1 dependent) the reason for asking this question is by Dec 2011 we ( me and wife ) will be on ILR and he holds tier -1 dependent.

[rajesh_kumar01]

if you son was born in UK then yes he would be eligible for British Citizenship.
Once you get your ILR he would either have to get British passport or Dependent ILR as he other visa would be come invalid .

Now a days it is taking quite long to get British Citizenship registration certificates . So plan accordingly if he is eligible for BC.( I had to cancel all my plan for summer as I am waiting for my daughter certificates for last 2 months )

[John]

rajesh_kumar01, for your child, were you applying under section 1(3), or section 3(1)? It could make quite a difference. Or put it another way, was your child born in the UK, or outside the UK?

UK2US, roughly when in September are you applying for ILR? And roughly when in December are you leaving the UK?

[rajesh_kumar01]

John,
Thanks for your msg. I applied under section 1(3). My daughter was born in UK. I thought my case was pretty straight forward. we are on HSMP since June 2006, fall in High Tax rate(it does not matter I guess )...
I sent few letters to consider and expedite if possible . I was told by a nice operator that my case has not been allocated to a case worker yet so no chance that anyone would have seen my letters. Once case is with a case worker then it is uptothe case worker to consider it for expedite , or not.

Hope this unrest in England will not have any affect on processing time.

thanks and regards

[John]

I am appalled by that, but thanks for sharing your experience.

Historically section 1(3) applications have been dealt with in under a month, quite often in 2 to 3 weeks. After all such applications are an entitlement, no UKBA discretion involved.

UK2US, if I were you, I would get ILR for your child, and have him travel on Indian passport in December. And attend Citizenship Ceremony after returning from Indian holiday (which presumably is just for the Christmas/New Year break?).

[rajesh_kumar01]

John ,
Thanks for your msg.
Even I was thinking so.

rgds

[UK2US]

I am appalled by that, but thanks for sharing your experience.

Historically section 1(3) applications have been dealt with in under a month, quite often in 2 to 3 weeks. After all such applications are an entitlement, no UKBA discretion involved.

UK2US, if I were you, I would get ILR for your child, and have him travel on Indian passport in December
. And attend Citizenship Ceremony after returning from Indian holiday (which presumably is just for the Christmas/New Year break?).

He has tier 1 dependent visa valid till 2013.can we travel using that visa or does he need iilr dependent visa ?

[ric1982]

Hi
I am going to apply in Sept. For that I have got appointment booked with peo. I haven't booked appointment for my baby only for myself and the wife thinking that I baby's citizens app will be done in couple of months time. I am planning to travel in Dec. Reading on this topic should I change this and also include baby in the application? Is it compulsory to add baby to the appointment?