Query on my child status

[Jegdis5]

Hi Friends,

I got my ILR along with my wife and daughter last year.
My daughter was born here in the UK. Since my wife wanted to study Masters degree we left her in my inlaws place and its been 4 months she is staying away from us .

I am now going to apply for Citizenship and once I got it I will apply for my wife. Now the problem is my daughter will be still in ILR and I cant apply for her as she live in India.

My query is,

Will it be a problem to bring my daughter back to UK if my wife and I become UK citizen and daughter is on ILR?

Please advice and help me.

[Amber]

Assuming your daughter was born before you were granted ILR.

As you now have ILR and your daughter was born in the UK, she is entitled to register as British by virtue of s1(3) BNA. This can be done no matter where your daughter is resident. Therefore, apply for her on form MN1 when you apply to naturalise.

[Jegdis5]

Amber,

Problem is If I get her Citizenship, I will have to surrender her indian passport within 90 days? and If I surrender her passport then she will become illegal stayer in India without OCI?.

[Amber]

I'm not sure, that question would be better asked in the Other Countries section. However, if you register your child as British, then you can continue to use the Indian passport but after 90 days will be subject to a fine, I think. Although, I doubt that the child would be removed from India.

[Jegdis5]

Amber,

Thats why I made it very simple.I am in no hurry for applying for my daugfhter as it would be very easy for her to get the citizenship.

My only worry is there should not be any problem when we bring our daughter on ILR to UK while we parents are citizen.

Especially Indian officials should not create any mess!