Naturalisation - Urgent Advice

[Rishika]

Hi,

I have received my ILR on 5th March 2012 and i am expectation our baby around 25th Dec 2012...

I wanted advise if i were to go to India from 10th October 2012 and return by 25 th April 2012 around 6 to 7 months time frame for pregnancy...can someone please advise this could have the implications on the my naturalisation and also what passports/ visas would the new born would need

I am confused, i heard there would be haasles on making his passports, getting his visa from india and then once i come back i would have to wait for another 1 year as my stay would be more than standard 90 days in a calendar year....and all this could have significant monetary expense along with stress and running around after delivery ...can somebody advise whats the best and advisable

[Jambo]

You ask for advice but what is the alternative? The easiest (in term of immigrations) is to have the birth in the UK. The child will be British from birth. No visa needed.

If you prefer to return to India for personal reasons, then you will need to get him an Indian passport and a Child settlement visa (if both parents have ILR).

As for naturalisation, then you won't need to wait a whole year but 9-10 months (until you have less than 90 days absent in the last 12 months) and make sure your absent days are less than 450 days in 5 years.

[Rishika]

Thanks so much appreciate your reply

When u say 450 days in 5 years ...do u mean the 5 days towards ILR or 4 year towards ILR + final year without immigration control.

[Jambo]

It's 5 years before the application. if you apply 1 year after ILR, it's 4 before ILR + 1 after. If you apply 3 years after ILR, it would be 2 years before + 3 years after.

[ARPHskp]

I agree with every thing Jambo wrote.

Just a thought that if your hubby got British Passport or he applies naturalisation in March 2013 and mother applies as wife of BC basis then does this 1year ILR still apply? may be not

Jambo wil know about this

[Jambo]

The 90 days have nothing to do with ILR. It's 90 days in the last year before applying (which for many means the year after ILR but doesn't need to be). Same rule apply if you apply as a spouse of BC.

[ARPHskp]

OK.

[Rishika]

I guess i counted my chicken before hactching, i am going through a miscarriage

I need advise now on whats the earliest date i can apply for naturlisation

- Had HSMP stamp on 9th March 2007 and Entry clearance on 3th May 2007

- ILR granted on 5th March 2012

What is the earliest time i can apply

appreciate your advice

[geriatrix]

What is the earliest time i can apply

05-Mar-2013 onwards, if you meet the standard requirements.

[Greenie]

What is the earliest time i can apply

Tomorrow, if you meet the standard requirements.

how if the op will not have had ilr for a year until 5 march 2013?

[geriatrix]

Sorry, I read 2012 .. but thought 2011 when responding. Silly me! Thanks for pointing it out, Greenie!

Apologies to the OP.

05-Mar-2013 onwards, if you meet the standard requirements.

[Rishika]

Am confused with the term op ...what's the earliest date sorry I am being dwarf nowadays take time to assimilate information after my personal loss... Hope u will respond soon. Regards rishika

[Rishika]

Also my stay autside uk ia around 141 days of which 80 days for work related have not travelled anywhere since ilr and I hope to avoid travelling ..also on qualifying residential I have been in uk since may 3rd 2007

Please advise.

[geriatrix]

OP - short for Original Poster.

05-Mar-2013 onwards, if you meet the standard requirements.

[Rishika]

Thanks so much appreciate it regards rishika