Visa for my Kid born in UK visiting India without visa!!

[Shhameed]

Hi,
The situation is like this. My daughter born in Uk ( dec,2010) and lived with me till today. I had my ILR processed (with my wife ) end of last month and got the ILR. I did not process the ILR for my kid as I directly wanted to go in the path of citizenship. But unfortunately my Father in law fell sick and my wife had to take my kid back to India today. Now my kid does not have an visa and I have to bring her back so I am thinking of applying ILR in India so that she can travel. could someone tell me if it is ILR.or is it called as settlement visa and now that they have made in online it is much more confusing

Is there any check list for this?

Please help as the time window to get the visa is very high in India!!

Regards
Shahul

[nsrisri]

Hi You have 2 options
1)Apply visiting visa your son and apply British citizenship here after coming here.If you want you also can apply dependent ILR but this will be expensive .Visiting visa is Rs.6000 and dependent visa is 64k

2)Apply MN1 in India but this may take 6 months.

Hope this helps

Regards
Srisri

[Shhameed]

Hi,

That is a very good suggestion.. but can we apply for MN1 when my daughter ( not son) is in visit visa.. will there be any issues??

Do we have an home office enquire number to get this clarified ??


regards
Shahul

[vinny]

That is a very good suggestion.. but can we apply for MN1 when my daughter ( not son) is in visit visa.. will there be any issues??

No issues.

[Shhameed]

Could one of you give me the Home office enquire number so that I am make sure.

Hope the processing time of MN1 is not long. If we get the MN1 processed the n my daughter can say longer then the visit visa period ? before getting her British Passport ??


Thanks in advance

[nsrisri]

Hi Shhameed
Few days back I spoke to HO and they said we can apply British Citizenship for children born in UK even they are on visiting visa.I couldnt find the phone number.I will check and give you.

My daughter already got UK visiting visa from India and I am waiting for my ILR.I will apply for her citizenship after I get ILR

[nsrisri]

Hi Shhameed

you can call on 08450105200 for British Citizenship

[Jambo]

The issue is whether BHC will issue a visitor visa when it clears her intention is to stay in the UK (as both parents have ILR).

[Shhameed]

Then what would you suggest ??

[nsrisri]

Hi
I am on Tier1 and my wife is on Tier 1 Dependent.My daughter was born in UK and she got visiotr visa for 6 months from inida.

[ban.s]

I am on Tier1 and my wife is on Tier 1 Dependent.My daughter was born in UK and she got visiotr visa for 6 months from inida.

you and your wife are still on tier 1 so your daughter is still not eligible for BC so a visitor visa approval is normal.

in the other case, the child visitor is eligible for BC so 'technically' BHC can refuse visitor visa. However if the reason is explained in the cover letter (e.g. need to return early to the UK for family reason and can't wait to complete the MN1 etc process in india), then i guess visitor visa should be approved. Also, in this case even though the intention is not visit but permanent stay but this in country switch is allowed. Also in the worst case you'll only lose the visitor visa fee of Rs 6000/- ish.

[Jambo]

Then what would you suggest ??

Talk to BHC to see if they would be willing to issue a visitor visa. Going by the rules, she would need a child settlement visa.

[vinny]

Or under rules 304-309.

[pulse1]

i was in similar situation 15 days back. I have ILR, Wife has FLR. Child is in india with no visa !
We have applied for his settlement visa - last week. We did a lot of research and found that visitor visa may b tough at this point in time. So we decided to go for settlement visa.

regards

[Shhameed]

Good to know you. When did you apply for settlement visa and what is the form. Did you get the visa? Why didn't you try visitor visa ? Who helped you to go this direction. Sorry to put you through lot of question. But I want to understand it better

[Shhameed]

I checked with home office enquire. They said that they will not be able advice on immigration from other country. When I asked if I can apply for MN1 with Visit he said no. So I don't know if I can apply a visit visa and get her in and again have to go to India to get the settlement.
So the better option is apply settlement visa in India.!!! Please advice if there are any alternatives.
When filling up the online form I had doubts . at section5 : it says that if applicant are below 18 then should give parent info( basically salary stuffs ). again in sponsors area it talk about the same !! and also I have just applied for child benefit before she left the country and yet to get an response. I am not sure If I have to put yes??

[vinny]

I checked with home office enquire. They said that they will not be able advice on immigration from other country. When I asked if I can apply for MN1 with Visit he said no.

That's incorrect. Child's immigration status is irrelevant to child's entitlement under 1(3).

[Shhameed]

So shall i give a try with a visit visa .?

[bhaws]

Hi shameed
I saw ur post regarding ILR/ILE visa in India. So did u apply in india for ur baby? and have u got it? what documents u attached and how much time did it take?
please reply ur inputs will help a lot.... we r in the same boat....

rgds
bhawana

[bhaws]

Hi pulse1
hey I am also in the process to apply for my 2 month old . I have ILR so does my husband and my elder son> i was here in INDIA for delievery. so how much time u think it will take for baby's visa nd what documents u attached? where in INDIA are you? I am in Delhi:)

rgds
bhawana

[Shhameed]

Checked with immigration people/ advisor and decided to go for the settlement as visitor would mean we have to break the rule of must go after the visa expires!! And medical facility would be paid etc etc

I think the checklist would be as below

Bank statement for 3 months
Pay slip for 3 months
Copy of fathers passport
Mothers original and copy ( as she is in India)
Kid's. Birth certificate
Address proof ( London ) council tax bill
Employor letter
cover letter ( explains the situation and with Medical certificate if any to get this processed faster :: hopping so!!)

Did I miss anything ? please help if I need to add anything to the above

Regards
Sha

[bhaws]

Hi Shameed
So u haven't yet applied... i am going there this week for my younger baby. I am adding my
Baby's passport
baby's application copy
Baby's photg.
Baby's Birth certificate
other supporting documents:
valid settlement copy for myself, my elder son, and my husband's
'Life in UK Test copy'
NI no's copy
my husband's Salary Slip
Husband's employment letter
Council tax copy
Rental Agreement
Utility Bills in name of my husband and muself together
LBS certificate( he was there in his MBA exchange programe)
UCLA certificate(he did his 2 yr MBA from US)
marriage certificate
Bank Statement
Cover Letter

let me know if you think , I should add some more documents.....

[Shhameed]

that seems a lot but still covers all,

[bhaws]

Hi Shameed

So did u already apply now... where is ur wife and baby in india.... i m in delhi......i applied and now i m waiting, any idea about, if i can check what is going on with the application...

rgds
bhawana

[Shhameed]

Yes applied from chennai. My wife is still at chennai. It is a black box you can't find the progress. The only update comes from VFS

Regards
S