ILR for Child from India who born in UK

[sivach]

Hi,
We are on Tier 1 and my daughter born in UK and has Indian passport with no VISA as I am supposed to apply for citizenship once we get ILR next month. But we are travelling to India this month as have some urgent work and we return to UK in 10 days leaving our daughter in India and apply for ILR. Once we (parents) get ILR we are planning to bring our daughter to UK. I would like to know what VISA options I have to get my daughter back to UK please.

ILR Eligibility- After 16th Sep
India Travelling 20th Aug. return soon in 10 days to apply for ILR.

[Amber]

I assume you're wanting the child to be British as you plan to naturalise. Your child will be entitled to register as British once you're granted ILR under section 1(3) this can be done in the UK on form MN1. Once registered you can get the child a British Passport or CoE the latter being quicker to get abroad.

[sivach]

Hi Amber,
Is it possible to register for naturalization using MN1 form while child is in India if so I believe I can apply for british passport in India. But it takes around 6 months.

Any other option I have like applying for settlement for her in India and get her back to UK?

Thanks for your help.

[Amber]

Applying for a certificate of entitlement in India should only take 4-6 weeks once the child is registered as British.

[sivach]

Hi Amber,
You mean get naturalized child in UK while she is in India and apply for certificate of entitlement in India to get her back to UK?

[Amber]

Hi Amber,
You mean get naturalized child in UK while she is in India and apply for certificate of entitlement in India to get her back to UK?

Indeed, but the child is registered as British not naturalised.

[saanju9]

The child is neither British nor Naturalised

So the standard rules apply to the child...

If you do the way you described above...
that is leaving the child in India and the parents comeback to UK to apply for the ILR then the child have to apply for a ILR in India on an Indian passport (once the parents get their ILR) and then come down here and apply for British naturalisation after 3 years

otherwise, you can apply for ILR and then the child could apply for MN1 and then apply for british passport and then visa to India...and then go to India.. I don't think thats an option

To my knowledge the child doesn't not come under immigration control
as long as the child doesn't travel abroad... but once she crosses then the child will be...


You can browse through these webpages... however I couldn't find a concrete answer to the question...

http://www.ukba.homeoffice.gov.uk/briti ... /children/

Its a grey area... If you find any answer please post

regards

[Amber]

The child is neither British nor Naturalised

So the standard rules apply to the child...

If you do the way you described above...
that is leaving the child in India and the parents comeback to UK to apply for the ILR then the child have to apply for a ILR in India on an Indian passport (once the parents get their ILR) and then come down here and apply for British naturalisation after 3 years

otherwise, you can apply for ILR and then the child could apply for MN1 and then apply for british passport and then visa to India...and then go to India.. I don't think thats an option

To my knowledge the child doesn't not come under immigration control
as long as the child doesn't travel abroad... but once she crosses then the child will be...


You can browse through these webpages... however I couldn't find a concrete answer to the question...

http://www.ukba.homeoffice.gov.uk/briti ... /children/

Its a grey area... If you find any answer please post

regards

Most, if not all of what you have wrote is incorrect, if you're not sure about the rules, perhaps it's best to ask.

[Amber]

I assume you're wanting the child to be British as you plan to naturalise. Your child will be entitled to register as British once you're granted ILR under section 1(3) this can be done in the UK on form MN1. Once registered you can get the child a British Passport or CoE the latter being quicker to get abroad.

[vinny]

however I couldn't find a concrete answer to the question...

What is your question? Amber has already answered sivach's question.

[sivach]

Hi,
Thanks all for your replies.
As per Amber the process then is

1) Register child as British ( Not Naturalization) in UK even she is in India -- what is the form to be used?
2) Apply for certificate of entitlement in India.

Please confirm.

[vinny]

I assume you're wanting the child to be British as you plan to naturalise. Your child will be entitled to register as British once you're granted ILR under section 1(3) this can be done in the UK on form MN1. Once registered you can get the child a British Passport or CoE the latter being quicker to get abroad.

[saanju9]

The child is neither British nor Naturalised

So the standard rules apply to the child...

If you do the way you described above...
that is leaving the child in India and the parents comeback to UK to apply for the ILR then the child have to apply for a ILR in India on an Indian passport (once the parents get their ILR) and then come down here and apply for British naturalisation after 3 years

otherwise, you can apply for ILR and then the child could apply for MN1 and then apply for british passport and then visa to India...and then go to India.. I don't think thats an option

To my knowledge the child doesn't not come under immigration control
as long as the child doesn't travel abroad... but once she crosses then the child will be...


You can browse through these webpages... however I couldn't find a concrete answer to the question...

http://www.ukba.homeoffice.gov.uk/briti ... /children/

Its a grey area... If you find any answer please post

regards

Most, if not all of what you have wrote is incorrect, if you're not sure about the rules, perhaps it's best to ask.

Ok what was wrong....

The child in this case has an Indian passport (without a UK visa)although born here in UK because the parents are not settled here...
secondly the parents and the child want to travel abroad before applying for ILR for the parents and want to leave the child there...

So once the child crosses the boarders of UK he/she will have no legal right to comeback ( do you have any other evidence from UKBA which says otherwise)...

Then the parents wants to comeback without the child and apply for ILR...
I think then the child need to apply for ILR in India ...

your answer is correct but not in this scenario I guess... and could if I am wrong could show me some publications and citations from UKBA please

Thanks a lot

[sivach]

Hi Amber,
Please can you confirm the process of steps in detail as it helps me a lot.. Thank you very much for your help.

[vinny]

I've added some links in Amber's post for you. Try clicking on them for more details.

[Amber]

saanju9 the OP clearly stated that they intend to bring their daughter back after getting ILR.

[ukba2536]

[ukba2536]

Hi,
Thanks all for your replies.
As per Amber the process then is

1) Register child as British ( Not Naturalization) in UK even she is in India -- what is the form to be used?
2) Apply for certificate of entitlement in India.

Please confirm.

1) Register child as British ( Not Naturalization) in UK even she is in India -- what is the form to be used?


As your child was born in UK and once you get ILR then you can register child as a British Citizen under section 1(3) using application form MN1 . that too you can apply either from India or within UK.

http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf

http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf

If you want to apply from UK make sure you have your child passport documents notarized from India. Because some countries don't allow carrying others passports and bring all child documents ( i.e Birth Certificate, Red Book, Child discharge certificate from Hospital after child Birth, And if have any address proof letters on child name)

And you can apply through Nationality Checking Services by booking an appointment with them

http://www.ukba.homeoffice.gov.uk/briti ... locations/

see this links something related to your situation

http://www.immigrationboards.com/viewto ... highlight=

http://www.immigrationboards.com/viewto ... highlight=

2) Apply for certificate of entitlement in India.


http://www.ukba.homeoffice.gov.uk/sitec ... de_roa.pdf

https://apply.ukba.homeoffice.gov.uk/ia ... STATE=true

***** Applying British Passport from India

http://www.immigrationboards.com/viewto ... highlight=

Good Luck

[sivach]

Thanks Amber and ukba2536 for your guidance

[sivach]

Hi I am applying for COE for Right of Abode from India for my daughter. She has been registered as british citizen already. I have few queries with regards to the online application.
1) Do we need to fill Employment and Income details section? If so what details need to be filled.
2) Are you staying at private address in UK? What should be answered as there is no Father or Mother relation available in the list if i choose Yes and to answer for the question with whom you will stay.