ILR for family and Citizenship for new born by Aug-2011

[gentlejuke]

Hi,

Myself, my wife and my daughter(2.5 yrs) will get eligibility for ILR in first week of August.
And we have a new baby born in UK last week, planning apply for Citizenship directly for him after our ILR.

QUESTION-1
Here is my plan, can you please correct me if I am doing anything wrong from below and pls let me know any suggestion?

Aug/2006 - UK Entry:
May/2011 - New baby born:
Jun/2011 - Apply Indian Passport for new born:
Aug/2011 - Apply ILR for all excluding new born (SET0 - Me, Wife and Daughter-born in India)
Sep/2011 - Apply New baby Citizenship (MN1 - After above ILR)

QUESTION-2Personally we dont have a long term plans to settle in UK, planning to go back to India in another two or three years.
Since education is very expensive for NRI's (Non Resident India) in India, thinking not to apply Citizenship for my new born child, but apply for ILR along with us.
And in otherside, thinking, I might be doing wrong as my kids loose benifit of UK/EU access in future.

It would be a great help if you could suggest best of doing this please?

[lionking007]

Hi,

Myself, my wife and my daughter(2.5 yrs) will get eligibility for ILR in first week of August.
And we have a new baby born in UK last week, planning apply for Citizenship directly for him after our ILR.

QUESTION-1
Here is my plan, can you please correct me if I am doing anything wrong from below and pls let me know any suggestion?

Aug/2006 - UK Entry:
May/2011 - New baby born:
Jun/2011 - Apply Indian Passport for new born:
Aug/2011 - Apply ILR for all excluding new born (SET0 - Me, Wife and Daughter-born in India)
Sep/2011 - Apply New baby Citizenship (MN1 - After above ILR)

QUESTION-2Personally we dont have a long term plans to settle in UK, planning to go back to India in another two or three years.
Since education is very expensive for NRI's (Non Resident India) in India, thinking not to apply Citizenship for my new born child, but apply for ILR along with us.
And in otherside, thinking, I might be doing wrong as my kids loose benifit of UK/EU access in future.

It would be a great help if you could suggest best of doing this please?

Don't forget if you in the future do not maintain regular ties in the uk the ilr may be revoked. I suggest, you all apply for a British citizenship and then go to India. Apply for oci here and on the obi live in India as long as you like. At least this is something I would do as I get to keep all the options

[model]

Hi,

Myself, my wife and my daughter(2.5 yrs) will get eligibility for ILR in first week of August.
And we have a new baby born in UK last week, planning apply for Citizenship directly for him after our ILR.

QUESTION-1
Here is my plan, can you please correct me if I am doing anything wrong from below and pls let me know any suggestion?

Aug/2006 - UK Entry:
May/2011 - New baby born:
Jun/2011 - Apply Indian Passport for new born:
Aug/2011 - Apply ILR for all excluding new born (SET0 - Me, Wife and Daughter-born in India)
Sep/2011 - Apply New baby Citizenship (MN1 - After above ILR)

QUESTION-2Personally we dont have a long term plans to settle in UK, planning to go back to India in another two or three years.
Since education is very expensive for NRI's (Non Resident India) in India, thinking not to apply Citizenship for my new born child, but apply for ILR along with us.
And in otherside, thinking, I might be doing wrong as my kids loose benifit of UK/EU access in future.

It would be a great help if you could suggest best of doing this please?

Don't forget if you in the future do not maintain regular ties in the uk the ilr may be revoked. I suggest, you all apply for a British citizenship and then go to India. Apply for oci here and on the obi live in India as long as you like. At least this is something I would do as I get to keep all the options

I agree with lionking007, However you can revoke your India citizen if you stay in India more than 5 years. As you mentioned your kid is less than a year old I don't think it makes big differance for next 12 years. I would suggest take British Citizen and think later.

[gentlejuke]

Thanks a lot for suggesions Model and Lionking. I decided for Citizenship + OCI

[gentlejuke]

Hi – Through above discussion and UKBA references available in forum I understand that UK born baby of ILR parents can apply British Citizenship directly.
However I have a query – is Child required hold his country passport while applying Citizenship? or Child can apply without any passport on basis of ILR parents?

As per my knowledge child should have his country passport but no Visa/ILR required, but few of my friends have different idea on the same.

Please let me know.

[vinny]

No passport required.

[gentlejuke]

Hi Vinny- Thanks a lot for link provided, has detailed example.
Now, I understand that child doen't need to hold any passport while applying for citizenship through MN1 form....

Thanks,

[gentlejuke]

We (excluding UK Born kid) got ILR for family. Thanks for your inputs. Can you please help me out on follwing queries?

Q1: May-Baby born and birth registered. July-ILR issued to parents.
On this basis, planning to apply MN1 for UK born kid. Hope this route is correct.

Q2: MN1 documents-
Baby has no passport, so do I have to left blank for Nationality field in MN1 appl or do I need to mention parents Nationality?

Q3: Planning to send Parents passport, Marriage Certificate and Birth Certificate along with MN1.

Q4: May be it is too early to ask this quest. Next year planning for BC. Do I need to maintain documents for BC as well, likewise ILR (12 payslips, bankstatements, P60, Cohabit, etc)

Please provide a links if any on above discussion or pls suggest.

[Jambo]

Q1: May-Baby born and birth registered. July-ILR issued to parents.
On this basis, planning to apply MN1 for UK born kid. Hope this route is correct.

Yes. Apply under section 1(3).

Q2: MN1 documents-
Baby has no passport, so do I have to left blank for Nationality field in MN1 appl or do I need to mention parents Nationality?

If the parents nationality is transferred to the child, then write down his nationality. A passport is just a travel document. You can hold a nationality without a passport.

Q3: Planning to send Parents passport, Marriage Certificate and Birth Certificate along with MN1.

That's is what needed.

Q4: May be it is too early to ask this quest. Next year planning for BC. Do I need to maintain documents for BC as well, likewise ILR (12 payslips, bankstatements, P60, Cohabit, etc)

There is no requirement to show economic activity or financial status when applying for BC. Just residency (stamps in passport are good enough). So no need for the pile of documents you used in the past. A passport is usually all that is needed...

[gentlejuke]

Thank you very much Jambo for the responses.

May I ask you little more clarification on Q2 response please?

If the parents nationality is transferred to the child, then write down his nationality.

We both (parents) are from same nationality, so I have to write our Nationality as Baby's Nationality by default and no additional proofs required for the same. This is my understanding from above.

Please let me know is that correct.

[Jambo]

I'm not familiar with Indian nationality law and whether a child born abroad to Indian parents, is Indian or not. If the child is Indian, then just write Indian.

[Directive/2004/38/EC]

If your baby is an Indian citizen at the moment it was born, OR if you have subsequently applied to the Indian government and the government has granted/approved citizenship, then you need to write INDIAN in the question.

If the baby is presently stateless, then you write NONE or stateless.

It really depends on Indian citizenship law.

[gentlejuke]

Thanks for response Directive.

Your response is at right time. I have filled MN1 and chasing for referees now. Wrote 'Indian' as Nationality by assuming child automatically can be a Indian.

Just read a link http://en.wikipedia.org/wiki/Indian_nationality_law wihch says - From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth.

Now I have a question - Is it mandatory to hold Nationality or stateless can also apply? if so am planning to write as 'NONE' is that fine.

your response would be most appreciated. thanks you
[/u][/i]

[Directive/2004/38/EC]

I would suggest that you contact the Indian high commission and see what they say.

Or maybe there is something in writing on their web site.

[gentlejuke]

Yes Directive, i have checked in the indian site. Baby born outside india to Indian parents can't be a citizen by default. It is required to register a baby as an indian citizen . I have downloaded registration from Indian Consulate site, planning to submit on Wednesday. Once I finish with registration then I will post MN1 form.

Still not sure whether nationality-NONE can apply through MN1, however I decided to register him as an Indian first, so that baby will have a history of Indian Citizenship and it might be useful in future.

Hope I am not wrong from above. Once again thanks for your response ealier, otherwise I might have posted MN1 without registering baby as Indian.

[Directive/2004/38/EC]

I am not certain, but but I do not think the baby needs to have a citizenship to register with an MN1 application.

It may be worth looking into it a little before submitting either an Indian registration or a MN1 application. There may be a right and wrong order to do them in.

[gentlejuke]

Directive - For your quick ref from above topic is - In MN1Form - 'Present Nationality' should be Blank or None or Indian.

As per MN1 Guide if child is stateless then should use S2 or S3, I presume I still has to use MN1 form as I am applying under section 1(3). Forum also responded saying they dont really concentrate on current natinality.

If I leave blank - case work might more focus on it, why it is left blank and explantion might required.

If I enter Indian - as per law it is invalid entry. However this wont affect.

From above discussion, I said, i am going to apply for Indian passport for my child just to provide current nationality in MN1, but I withdrawn that option since it is unnecessary effort. If I get it, I will loose it immediately once registered..

totally confused how to proceed. sorry to keep drag on this.. either I go with Blank or Indian (without register as Indian)...thinking..any suggestions.

[Directive/2004/38/EC]

Can you please tell me for sure that the baby is not Indian unless your register the birth with them embassy?

[vinny]

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth.

[Directive/2004/38/EC]

Well then it seems to me pretty straight forward.

(1) The child is not (yet) Indian because it has not been registered
(2) The child is not (yet) British because no MN1 form has been filed
(3) I assume the child does not have other citizenships

So the child is (mildly and temporarily) stateless.

[gentlejuke]

Thank you.

I am planning to keep 'Present Nationality’ as Blank and going to provide explanation in 'Further information' page.

As per MN1 Guide if child is stateless then should use S2 or S3, I presume I still has to use MN1 form as I am applying under section 1(3) (forum said the same earlier)

Pls give a shout if any suggestions. Keep you update outcome.

Till now I spent around £9,000/- towards tier-1 Visa's & ILR from last 5yrs. Still to spend nearly £3,000/- towards our BC next year .

[Directive/2004/38/EC]

As per MN1 Guide if child is stateless then should use S2 or S3

Can you explain what S2 or S3 are please.

Till now I spent around £9,000/- towards tier-1 Visa's & ILR from last 5yrs. Still to spend nearly £3,000/- towards our BC next year :( .

Is this per person or for a group of people? It is a lot of money though!

[gentlejuke]

S2 and S3 are different forms to register citizenship.

here are the links
http://www.ukba.homeoffice.gov.uk/sitec ... orm_s3.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... orm_s2.pdf