MN1 + Father ILR + Mother FLR

[harshil223]

i got tier1 visa and will be eligible for ILR next April, my wife got her independent tier1 visa which is expiring in January and we are planning for getting her stay extended by applying for FLR. hence our visas will remain independent of each other.

we got a baby born in the UK last month, if we get India passport for the baby as we need to travel to India, and include the baby as dependent on my wife's FLR so baby would have EC while returning, will I be able to register the baby as BC by applying using MN1 once my ILR is approved next April? or it is advisable to apply for EC for my baby from India dependent on my visa?

i have read in several posts that baby can be registered if born in the UK and one of the parents got ILR, however I am not sure as baby's visa would be dependent on my wife's visa and my wife won't have ILR when I would have ILR in next April.

[John]

will I be able to register the baby as BC by applying using MN1 once my ILR is approved next April?

Yes

it is advisable to apply for EC for my baby from India dependent on my visa?

You don't actually tell us when the trip to India is. The baby will need a visa to return to the UK, if the baby has not already got a British passport.

If the return date to the UK is going to be before the baby is a British Citizen, to me it makes sense for your wife to apply for the baby's visa when she applies for her FLR. Alternatively an application could be made now, by you, for the baby's visa.

The point is that the baby's MN1 application will be under section 1(3), an entitlement application, no UKBA discretion involved, and the baby's UK immigration status is irrelevant, so we can ignore whatever visa the baby has, or indeed does not have.

Please clarify when the trip to India is. When leaving the UK? When returning?

[harshil223]

will I be able to register the baby as BC by applying using MN1 once my ILR is approved next April?

Yes

it is advisable to apply for EC for my baby from India dependent on my visa?

You don't actually tell us when the trip to India is. The baby will need a visa to return to the UK, if the baby has not already got a British passport.

If the return date to the UK is going to be before the baby is a British Citizen, to me it makes sense for your wife to apply for the baby's visa when she applies for her FLR. Alternatively an application could be made now, by you, for the baby's visa.

The point is that the baby's MN1 application will be under section 1(3), an entitlement application, no UKBA discretion involved, and the baby's UK immigration status is irrelevant, so we can ignore whatever visa the baby has, or indeed does not have.

Please clarify when the trip to India is. When leaving the UK? When returning?

Sorry for not being clear enough, the trip to India is mostly in February next year, once my wife gets her FLR approved. We may bring baby back to the UK after a year or two as he would have EC till January 14 if applied as dependent on my wife's visa. I hope not being in the UK for a year or two after living here for 4-5 months will not affect baby's registration as BC using MN1.

Main reason for not making baby as dependent on my visa is: my current leaves to remain are valid till March 13 (though i would get ILR in April 12). So if I make him my dependent before trip to India, baby's EC will be valid till March 13 only based on my visa and he must be brought back to the UK within a year.

[John]

We may bring baby back to the UK after a year or two

In that case, why bother applying for any visa for the baby? In my opinion that would just be a waste of money, based upon what you have posted.

Again I say that the baby's MN1 application is an entitlement application under section 1(3), that application can be made even if the baby has no visa. Well before the "year or two" you mention the baby can have a British passport, to enable the baby's return to the UK.

[harshil223]

I am sorry but i could not understand below:

Well before the "year or two" you mention the baby can have a British passport, to enable the baby's return to the UK.

How can the baby have a British passport while he is still in India during that year or two? Can MN1 be filled from outside UK as well?

[geriatrix]

How can the baby have a British passport while he is still in India during that year or two? Can MN1 be filled from outside UK as well?

Yes. And passport application too.

[harshil223]

How can the baby have a British passport while he is still in India during that year or two? Can MN1 be filled from outside UK as well?

Yes. And passport application too.

That's great, so I just need a Indian passport to travel to India and I can register my baby using MN1 from within India and apply for passport in BHC there.. I really didn't know this. Thanks John and sushdmehta.

[Jambo]

Just be aware that the process is much slower in India compared to the UK although "year or two" should be enough.

[harshil223]

Just be aware that the process is much slower in India compared to the UK although "year or two" should be enough.

thanks for the comments Jambo.
if the MN1 is successful in India and a passport is granted to the baby (even after considering slow process), will I need to do any formality while in India as baby's citizenship then will have been changed from Indian to British. i read in old posts that some kind of exit procedure is needed when returning to the UK, can anybody provide more info if known please?

[geriatrix]

The British High Commission will advise on what needs to be done (and how) when a British passport is issued to the child in India.

[mrproblem]

'I am planning to make MN1 application for the baby, but we are planning to travel to India in the meantime. At the moment baby hasn't got any passport and we just had our ILR back. If we travel to India and then start the procedure of applying MN1 and British passport from there, can someone let me knw the steps that I need to follow. I am not able to find the information of applying MN1 and British passport application from India. What else do I need to do to bring the baby back in say about 6 months time???'

Please let us know

[Jambo]

'I am planning to make MN1 application for the baby, but we are planning to travel to India in the meantime. At the moment baby hasn't got any passport and we just had our ILR back. If we travel to India and then start the procedure of applying MN1 and British passport from there, can someone let me knw the steps that I need to follow. I am not able to find the information of applying MN1 and British passport application from India. What else do I need to do to bring the baby back in say about 6 months time???'

Please let us know

* Fill in the MN1 form with the needed documentation and send it to the BHC.

* British passport in India.

[mrproblem]

'I am planning to make MN1 application for the baby, but we are planning to travel to India in the meantime. At the moment baby hasn't got any passport and we just had our ILR back. If we travel to India and then start the procedure of applying MN1 and British passport from there, can someone let me knw the steps that I need to follow. I am not able to find the information of applying MN1 and British passport application from India. What else do I need to do to bring the baby back in say about 6 months time???'

Please let us know

* Fill in the MN1 form with the needed documentation and send it to the BHC.

* British passport in India.

Thank you Jambo for a very quick reply. Can someone know the timescales and fees information for making MN1 applications from India. Is that going to be same as applying from UK
Also other option I am thinking is, if I apply MN1 here in UK
then travel to India with Indian passport
can I apply for British passport there in India
Sorry to bother, it is just a matter of timescales difference I am thinking

[harshil223]

'I am planning to make MN1 application for the baby, but we are planning to travel to India in the meantime. At the moment baby hasn't got any passport and we just had our ILR back. If we travel to India and then start the procedure of applying MN1 and British passport from there, can someone let me knw the steps that I need to follow. I am not able to find the information of applying MN1 and British passport application from India. What else do I need to do to bring the baby back in say about 6 months time???'

Please let us know

* Fill in the MN1 form with the needed documentation and send it to the BHC.

* British passport in India.

Thank you Jambo for a very quick reply. Can someone know the timescales and fees information for making MN1 applications from India. Is that going to be same as applying from UK
Also other option I am thinking is, if I apply MN1 here in UK
then travel to India with Indian passport
can I apply for British passport there in India
Sorry to bother, it is just a matter of timescales difference I am thinking

when are you travelling? i believe you must be aware that baby will need a passport to travel. i would suggest if you got enough time, better to apply for MN1 followed by BC and then get India visa for the baby here in the UK only.

i have heard that it will take considerably long time to get MN1 processed in India and then getting british passport.

On a related note i saw below in documentation suggested by Jambo

Evidence from children living in the United Kingdom
You should provide:

the child's full birth certificate; and
the child's passport used on entry to the United Kingdom and any other subsequent passports; and
the parents' marriage or civil partnership certificate.

how to have the passport used on entry to the UK if it is issued from inside UK only.
so it looks like applying for BC from India will be a long and cumbersome process. Mainly because lack of knowledge of correct policies in the local staff.

Actually I am in simlar situation, though not identical.
My ILR is due in April this year and I was also planning to travel to India with my child in February. My child got Indian passport issued from HCI London and it is not having any visa on it. I thought I will apply for registration using MN1 followed by BC from India as I will have enough time upto one year. However after reading this clause in the documention, I am hesitating to take my child to India.

I think first need to understand the actual meaning of above clause.

[Jambo]

On a related note i saw below in documentation suggested by Jambo

Evidence from children living in the United Kingdom
You should provide:

the child's full birth certificate; and
the child's passport used on entry to the United Kingdom and any other subsequent passports; and
the parents' marriage or civil partnership certificate.

how to have the passport used on entry to the UK if it is issued from inside UK only.

But if the child is applying from India, then this is not applicable as this clause is for children living in the UK. Anyway, this clause is for children born abroad who are now living in the UK. Not for UK born children. For UK born children applying under section 1(3) the required documents are:
- UK birth certificate
- A parent passport showing ILR.

I believe the decision is taken in the UK even if applied in India. The BHC forwards the application to the UK so I would have thought it will not take much longer than applying for it in the UK (2-3 months). Passport application from India is a different story and can take much longer compared to the UK.

[harshil223]

But if the child is applying from India, then this is not applicable as this clause is for children living in the UK. Anyway, this clause is for children born abroad who are now living in the UK. Not for UK born children. For UK born children applying under section 1(3) the required documents are:
- UK birth certificate
- A parent passport showing ILR.

I believe the decision is taken in the UK even if applied in India. The BHC forwards the application to the UK so I would have thought it will not take much longer than applying for it in the UK (2-3 months). Passport application from India is a different story and can take much longer compared to the UK.

i see, thanks for clarification.
however in any case, the child has to get british passport if s/he wants to enter the UK which can take much longer compared to the UK. i believe by merely being registered using MN1 won't remove necessity of having entry clearance while coming back to UK.

so unless one got enough time and patience for the whole process is over, i think it is not advisable to have things done in India.

[mrproblem]

Hi harshil223/Jambo,

Thank you for your comments. I wanted to travel asap, preferably Feb last week, but again that is not an emergency travel but it wud b nice if I can make it. Unfortunately, I am not ready to face any problems or long delays. So Iam going ahead with MN1 and later I need to think about where to apply the British Passport.
As harishil223 said, yes I definitely need to apply for passport if I want to bring back to the UK. Also can you confirm what else is involved to bring back the baby to UK

1. Applying MN1 here
2. Applying for Indian passport here
3. Travelling to India with out any visa.
4. As soon as I get MN1 approval, can I ask my wife & baby who will be there to apply for British passport in India?
5. After getting that, handover Indian passport

Anything else that I need to do??? So infact baby will be going to India with Indian passport with no visa and returning to UK with British passport and no visa...is that possible?

Pls confirm

[harshil223]

Hi harshil223/Jambo,

Thank you for your comments. I wanted to travel asap, preferably Feb last week, but again that is not an emergency travel but it wud b nice if I can make it. Unfortunately, I am not ready to face any problems or long delays. So Iam going ahead with MN1 and later I need to think about where to apply the British Passport.
As harishil223 said, yes I definitely need to apply for passport if I want to bring back to the UK. Also can you confirm what else is involved to bring back the baby to UK

1. Applying MN1 here
2. Applying for Indian passport here
3. Travelling to India with out any visa.
4. As soon as I get MN1 approval, can I ask my wife & baby who will be there to apply for British passport in India?
5. After getting that, handover Indian passport

Anything else that I need to do??? So infact baby will be going to India with Indian passport with no visa and returning to UK with British passport and no visa...is that possible?

Pls confirm

yes, this sounds perfect to me, however i am not sure how much time it takes to register child using MN1 from within the UK. And also time taken to get British passport by applying to BHC in India is also unknown to me.

[mrproblem]

Thank you for your quick reply harishil223. By the way sorry for hijacking your thread, I think even you will also be helped with the discussion that is going on. I am going to apply for MN1. Lets see how it goes.

I feel there is some thing missing in the above steps because, going out with Indian passport and coming back with British passport. Because, generally they check for some coming in and out stamps while travelling.

Can anyone else confirm if they have any thoughts.

Hi harshil223/Jambo,

Thank you for your comments. I wanted to travel asap, preferably Feb last week, but again that is not an emergency travel but it wud b nice if I can make it. Unfortunately, I am not ready to face any problems or long delays. So Iam going ahead with MN1 and later I need to think about where to apply the British Passport.
As harishil223 said, yes I definitely need to apply for passport if I want to bring back to the UK. Also can you confirm what else is involved to bring back the baby to UK

1. Applying MN1 here
2. Applying for Indian passport here
3. Travelling to India with out any visa.
4. As soon as I get MN1 approval, can I ask my wife & baby who will be there to apply for British passport in India?
5. After getting that, handover Indian passport

Anything else that I need to do??? So infact baby will be going to India with Indian passport with no visa and returning to UK with British passport and no visa...is that possible?

Pls confirm

yes, this sounds perfect to me, however i am not sure how much time it takes to register child using MN1 from within the UK. And also time taken to get British passport by applying to BHC in India is also unknown to me.

[Jambo]

I feel there is some thing missing in the above steps because, going out with Indian passport and coming back with British passport. Because, generally they check for some coming in and out stamps while travelling.

Who is they? The UK authorities or the Indian?

The UK doesn't check passports when you exit the country and won't look for stamps in a UK passport.

[sureshaverineni]

Hi Guys,

My son was born feb 2012 in UK and I don't want to apply any visa for him as he is going to India this June and I am planning to bring him to UK after 2 years.

As of now I am on Tier 1 visa and I will be eligible for ILR in march 2013.

He has got Indian passport from CGI Birmingham last week.

1) If I apply for MN1 from UK how long would it take?

2) With the application form I guess I can send just the birth certificate and not the passport, so that if it gets delayed beyond his travel date to India, he would be fine to travel with the passport and After registering with the MN1 here, I can apply for British passport from India.

Are there anyone who did or in the process of doing these steps ???

Thanks
Suresh

[Jambo]

if it gets delayed beyond his travel date to India, he would be fine to travel with the passport and After registering with the MN1 here, I can apply for British passport from India.

I'm confused. You can only apply after you obtain ILR (March 2013) so why do you say "if it gets delayed beyond his travel date" if he travels in June 2012.

[sureshaverineni]

Jamba, That was my misunderstanding of MN1 registration, thanks for the correction.

Can someone post the time lines for applying MN1 and British citizenship from India.

[sureshaverineni]

Hi All,

I was reading many posts regarding applying MN1 from India, I learned that it would be difficult to bring the child on visitor visa to apply for MN1 from UK after I become eligible for ILR (March 2013).

I got my Tier 1 extension on Apr 10, 2012, now I am confused

whether to spend £900 (PEO) to add my son as my dependent and send him to India in June and bring him back in March 2013 when I become eligible for ILR and apply his MN1 here, this would be the BEST but the COSTLIEST option because as he got valid TIER-1 dependent visa he can come over here without any hassles.

OR

To send him to India without any visa and apply for visitor visa and bring him back and apply MN1 from here after March 2013.

OR

To send him to India without any visa and apply for MN1 and British passport from India after March 2013.

These are my suppositions, I am not sure about the practical risks about the options.

Can you please share your thoughts.

Thanks
Suresh