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Help with family member visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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phanidhar6039
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Posts: 39
Joined: Mon Jan 07, 2013 2:54 pm

Help with family member visa

Post by phanidhar6039 » Thu Nov 15, 2018 12:33 pm

Hi,

My wife has qualified for ILR from September 2018 on 5 year route. Can we apply like below

Apply same day appointment and get ILR for my wife and than apply by post for my 4 yrs kid in UK or is it mandatory to have a adult application with kid?

kid born outside UK can apply alone within Uk, than which form should be used

My wife got qualified for ILR as tier 1 dependent route and i hold BP from Aug 2017.

Any inputs will be great?

phanidhar6039
Newbie
Posts: 39
Joined: Mon Jan 07, 2013 2:54 pm

Re: Help with family member visa

Post by phanidhar6039 » Sun Jan 13, 2019 9:47 pm

phanidhar6039 wrote:
Thu Nov 15, 2018 12:33 pm
Hi,

My wife has qualified for ILR from September 2018 on 5 year route. Can we apply like below

Apply same day appointment and get ILR for my wife and than apply by post for my 4 yrs kid in UK or is it mandatory to have a adult application with kid?

kid born outside UK can apply alone within Uk, than which form should be used

My wife got qualified for ILR as tier 1 dependent route and i hold BP from Aug 2017.

Any inputs will be great?
Any inputs will be great help and just to reiterate

I have British passport from Aug 2017 and my wife qualified for ILR on Sep 2018 and yet to apply.
I have a 4 years kid who is born in India and living with me from Feb 2015 at the time of Birth i was on Tier 1 visa.

My query is that can i apply ILR for my wife and apply citizenship (MN1) for my kid?

Any inputs will be really helpful

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Help with family member visa

Post by Casa » Sun Jan 13, 2019 10:02 pm

As your child was born outside of the UK while you were on a Tier 1 visa, they will be expected to hold ILR before registering for British citizenship.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

phanidhar6039
Newbie
Posts: 39
Joined: Mon Jan 07, 2013 2:54 pm

Re: Help with family member visa

Post by phanidhar6039 » Sun Jan 13, 2019 10:12 pm

Casa wrote:
Sun Jan 13, 2019 10:02 pm
As your child was born outside of the UK while you were on a Tier 1 visa, they will be expected to hold ILR before registering for British citizenship.
Thanks Casa as i was getting confused as most of the people are saying to apply MN1 and that should be OK.

I had a look at the guidance of MN1 form and i understand i am not British by descent when child born outside UK.

Hope my understanding is right on this.

phanidhar6039
Newbie
Posts: 39
Joined: Mon Jan 07, 2013 2:54 pm

Re: Help with family member visa

Post by phanidhar6039 » Tue Jan 15, 2019 12:09 pm

Casa wrote:
Sun Jan 13, 2019 10:02 pm
As your child was born outside of the UK while you were on a Tier 1 visa, they will be expected to hold ILR before registering for British citizenship.
Good Morning Casa,

I had a word with Home office and they were suggesting to apply MN1 for kid under section 3(1)

section 3(1) child whose parents are applying for British citizenship

Is it right?

Any advise will be great.

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CR001
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Re: Help with family member visa

Post by CR001 » Tue Jan 15, 2019 12:13 pm

A child born abroad is expected to be 'free from immigration time restrictions', i.e. hold ILR.

A Section 3(1) application is at discretion of HO and can be refused if the requirements are not met.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

phanidhar6039
Newbie
Posts: 39
Joined: Mon Jan 07, 2013 2:54 pm

Re: Help with family member visa

Post by phanidhar6039 » Tue Jan 15, 2019 9:19 pm

CR001 wrote:
Tue Jan 15, 2019 12:13 pm
A child born abroad is expected to be 'free from immigration time restrictions', i.e. hold ILR.

A Section 3(1) application is at discretion of HO and can be refused if the requirements are not met.
I am confused with home office saying apply MN1 and not sure what to do now?

Code: Select all

https://www.whatdotheyknow.com/request/mn1_queries_on_ilr_and_residence

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Help with family member visa

Post by Casa » Tue Jan 15, 2019 9:22 pm

You weren't being advised by the Home Office. The 'help line' is staffed by an outside Agency, with advisors who are frequently incorrect on the information they give. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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