ILR for my Child(Applying from India and UK)

rrp · Post by **rrp** » Mon Jul 29, 2013 9:33 pm

Dear All,

Hope you can help me with this.

I an my wife are both having ILR since 2012 and currently at UK. We are expecting our first baby on Dec 2013. I have two queries.

1) If the baby is born in India(There is a plan that my wife may travel to India) then which form we need to use to apply for my baby's ILR. Will this visa be granted for ceratin number of years. The reason I am asking this question is normally if any depedent comes to UK they get VISA for few years before they can apply ILR. Not sure if the same principle applies for child also.

2) If the baby is borh in UK, can I still apply for ILR given that I am not intrested to take british citizenship and which form I need to use to apply for ILR. Again will this visa be for ceratin number of years.

I would reapply apprecaite if some one can help me with this query.

Thanks...

Post by **vinny** » Tue Jul 30, 2013 1:50 am

1. If child is born in India, then child may apply for a child settlement visa with ILE endorsement.

2. If child is born in the UK, then child cannot apply for ILR, as child will be British automatically. Consider applying for a CoE-RoA.

bammu · Post by **bammu** » Tue Jul 30, 2013 9:45 am

Hi Vinny,

Thanks for your immediate reply..

What happened If I got citizenship through naturalisation..after that can I convert my kids visa to citizenship or else they has to undergo three years standard residential requirement...

Post by **Amber** » Tue Jul 30, 2013 10:13 am

If you naturalise before the child is born, then that child will be British where-ever s(he) is born. If the child is born in the UK and you are not naturalised, the child will still be British as you have ILR. If the child is born abroad and you are not naturalised, the child can register as British in the UK but it will be by discretion under section 3(1).

rrp · Post by **rrp** » Tue Jul 30, 2013 8:32 pm

Thanks a lot for your quick reply.

1) Child born in India: Will the child get get ILE visa not ILR if the child applies visa from India? What is the difference between ILE and ILR? Will the child be able to get British Citizenship later after coming into UK. Also, is VAF4A is the correct form to apply visa for the child?

2) Child born in UK: I found this information from the other thread
'A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth'.

Which means the child can get Indian Citizenship and Indian passport even though the child is born in UK from ILR parents. After getting Indian passport in UK which visa the child needs to apply and which form needs to be choosed.

Sorry for so many questions but it will really help if someone can clarify these points.

Thanks.

bammu · Post by **bammu** » Wed Jul 31, 2013 3:41 pm

Hi D4109125,

Thanks for your reply,

Today I called home office regrding my child application and I spoke to two members and what they have told is..

If one parent is applying for naturalisation and other hold ILR and if the child born abroad they can include child application along with one parent naturalisation application for registeration.

and for the child below 12 years there is no residential requirement as spouse so they can apply along wit the main applicant but the spouse has to undergo three years residential requirement..My son got ILR just few days before but he spend just 2 years in UK as my ILR dependent and recently he has got ILR and he is 3.5 years old so Can I include him along with my application ..

But few websites has mentioned that he has to undergo three years residential requirement..please advice

My situation is my wife is travelling to india next month and she will be back after 7 months ..Reason for travelling is my wife is pregnant and she is going to india for delivery..In that case under 3 years rule they cant spend more than 90 days out of country in last year but my wife is planning for 9 months nd my son also going along with her so will it reset the clock for my son application or for him there is no residential requirement as one of the home office member adviced..Pleae advice which is the safer method to do ...

D4109125 wrote:If you naturalise before the child is born, then that child will be British where-ever s(he) is born. If the child is born in the UK and you are not naturalised, the child will still be British as you have ILR. If the child is born abroad and you are not naturalised, the child can register as British in the UK but it will be by discretion under section 3(1).

Post by **vinny** » Wed Jul 31, 2013 4:01 pm

rrp wrote:Thanks a lot for your quick reply.

1) Child born in India: Will the child get get ILE visa not ILR if the child applies visa from India? What is the difference between ILE and ILR? Will the child be able to get British Citizenship later after coming into UK. Also, is VAF4A is the correct form to apply visa for the child?

2) Child born in UK: I found this information from the other thread
'A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth'.

Which means the child can get Indian Citizenship and Indian passport even though the child is born in UK from ILR parents. After getting Indian passport in UK which visa the child needs to apply and which form needs to be choosed.

Sorry for so many questions but it will really help if someone can clarify these points.

Thanks.

Click on given links for more details.

Post by **vinny** » Wed Jul 31, 2013 4:11 pm

bammu wrote:Hi D4109125,

Thanks for your reply,

Today I called home office regrding my child application and I spoke to two members and what they have told is..

If one parent is applying for naturalisation and other hold ILR and if the child born abroad they can include child application along with one parent naturalisation application for registeration.

and for the child below 12 years there is no residential requirement as spouse so they can apply along wit the main applicant but the spouse has to undergo three years residential requirement..My son got ILR just few days before but he spend just 2 years in UK as my ILR dependent and recently he has got ILR and he is 3.5 years old so Can I include him along with my application ..

But few websites has mentioned that he has to undergo three years residential requirement..please advice

My situation is my wife is travelling to india next month and she will be back after 7 months ..Reason for travelling is my wife is pregnant and she is going to india for delivery..In that case under 3 years rule they cant spend more than 90 days out of country in last year but my wife is planning for 9 months nd my son also going along with her so will it reset the clock for my son application or for him there is no residential requirement as one of the home office member adviced..Pleae advice which is the safer method to do ...

D4109125 wrote:If you naturalise before the child is born, then that child will be British where-ever s(he) is born. If the child is born in the UK and you are not naturalised, the child will still be British as you have ILR. If the child is born abroad and you are not naturalised, the child can register as British in the UK but it will be by discretion under section 3(1).

The Home Office's reply was consistent with written policy.

rrp · Post by **rrp** » Thu Aug 01, 2013 12:07 am

Dear Moderator,

Could you please help me. Sorry I am not able to understand the information from the link provided by you earlier.

If the child is born in India then is VAF4A is the right form to apply the child settlement visa(ILE). The reason behind I am asking this because in the form VAF4A there are many lines actully applicable for adult not for infant. For example it says 'what language would like to use for interview', Elglish language requirement etc.

Thanks a lot in advance.

Post by **vinny** » Thu Aug 01, 2013 12:28 am

Applying for a visa as the child of a British citizen or settled person wrote:Depending on the country where you live, you may need to make your application online or using application form VAF4A.

VAF4A is a multiple purpose form, applicable to both adult and child.

rrp · Post by **rrp** » Thu Aug 01, 2013 12:35 am

Many thanks Dear Moderator. One more question, As mentioned by you the baby will get ILE visa through this route. I beleibe ILE is same as ILR. And I hope ILE is not a temporray visa like dependnet ILR and the baby need not have to apply visa again after coming to UK.

Thanks again for your help.

Post by **vinny** » Thu Aug 01, 2013 12:49 am

vinny wrote:ILE

rrp · Post by **rrp** » Thu Aug 01, 2013 12:56 am

Thanks a lot for your help. Now I get the clarity about applying visa from India. Actully some one told me that the baby will get first temporray vise hence I got confused and wanted to clarify. Glad to know that the baby will get directly ILE visa from India.

(Is there any one in this forum has applied ILE visa from India can tell how much time normally it takes to get these type of Visas).

Post by **vinny** » Thu Aug 01, 2013 1:29 am

Baby should get ILE if both parents have ILR.

bammu · Post by **bammu** » Thu Aug 01, 2013 7:18 pm

Hi Gurus,

Can you please let me know what is the difference between British citizenship by descent and otherwise than by descent.

If I include my son application along with my naturalisation form who lived in UK for 2 years and got ILR will he comes under British citizenship by descent or otherwise than by descent.Please CLarify

Note : My son was born in India Came here on ILR dependent visa spent two years in UK and got ILR very recently

Post by **Amber** » Thu Aug 01, 2013 7:21 pm

It's nicely explained in Part 1 (click) at pages 1 and 2.

rrp · Post by **rrp** » Thu Aug 01, 2013 7:22 pm

Many thanks for all your help and information. Just one more question, in the application form what I should write for the questions which are not applicable for new born infants(For ex: what language would like to use for interview). Can I just leave them blank or say not applicable.

Also can any one in this forum advise how many days it will take to get the ILE visa for child.

Thanks.

rrp · Post by **rrp** » Thu Aug 01, 2013 9:22 pm

Sorry, I am confused again by seeing the statement from Bammu( Note : My son was born in India Came here on ILR dependent visa spent two years in UK and got ILR very recently).

Bammu - Can you please confirm if both of you were on ILR visa while applying visa for your child from India. As mentioned by you first you got dependent ILR and then after completing 2 years in UK you got ILR for your son.

Dear Moderator - Sorry but it would be great if you can provide your thoughts. As mentioned earlier I thought the baby will directly get ILE(Not dependent ILR) if both parents are on ILR.

PLease, request you to help me on this.

Post by **vinny** » Fri Aug 02, 2013 12:00 am

bammu · Post by **bammu** » Fri Aug 02, 2013 8:51 am

Hi rrp,

My wife had spouse visa at tht time and its only me who had ILR so my son didn't got ILE..If both the parents hold ILR when your child born abroad then you can directlt apply for ILE which is equivalent to ILR and the duration will be your child passport expiry date ..When you apply for new passport they will transfer the visa to the new one so no need to apply for new visa....hope it clears your doubt

rrp wrote:Sorry, I am confused again by seeing the statement from Bammu( Note : My son was born in India Came here on ILR dependent visa spent two years in UK and got ILR very recently).

Bammu - Can you please confirm if both of you were on ILR visa while applying visa for your child from India. As mentioned by you first you got dependent ILR and then after completing 2 years in UK you got ILR for your son.

Dear Moderator - Sorry but it would be great if you can provide your thoughts. As mentioned earlier I thought the baby will directly get ILE(Not dependent ILR) if both parents are on ILR.

PLease, request you to help me on this.

rrp · Post by **rrp** » Fri Aug 02, 2013 5:33 pm

Thanks a lot Bammu for this information. I was hearing different different things and getting confused.

Also in the application form VF4A what I should write for the questions which are not applicable for new born infants(For ex: what language would like to use for interview). Can I just leave them blank or say not applicable?

naz77 · Post by **naz77** » Mon Sep 30, 2013 12:55 pm

Hi,

I'm currently in Tier2 general and will be due for ILR in Feb 14 . My question is do i need to apply ILR for my kids (age 10,3) along with me or I can apply for my ILR first then directly apply for their passports after Indedinite for me.

Pls suggest

Post by **vinny** » Mon Sep 30, 2013 1:03 pm

naz77 wrote:My question is do i need to apply ILR for my kids (age 10,3) along with me

Your choice, if child was born in the UK.
Yes, if child was not born in the UK.

kbk · Post by **kbk** » Wed Nov 06, 2013 2:32 pm

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR for my Child(Applying from India and UK)

ILR for my Child(Applying from India and UK)

ILR due in Feb 14