Student Visa Holder, wife & child problem...

[gollywood]

Hi - just a query that was asked to me from a neighbour.

He is a overseas student from India who has now completed his studies - been here for nearly 5 years.

He came with his wife (non-student or worker - shes a housewife) and they had a baby son 2 years ago.

Baby son was born in UK.

1) They are planning on returning to India in August - can their son get any form of British Citizenship / Passport etc?

2) Is that dependant upon them remaining in the UK for a period of time? How long for?

3) Do they both have to remain in UK or can husband go back, leaving wife here to 'qualify' etc. (he has business interests in India whch need his attention on a full-time basis)

Like I said, theyve been here for approx. 5 years. He isnt in a position to hire lawyers as 'credit crunch' has hit him hard, so wants to find out as much as he can prior to leaving.

He arrived on a student visa (mature student) and has not left UK for more than a couple of weeks every 2 years - no issue of overstaying etc etc.

I imagine his wife is here as his spouse - as she doesnt study or work)

As ever, thanks for any assistance.

[JAJ]

Hi - just a query that was asked to me from a neighbour.

He is a overseas student from India who has now completed his studies - been here for nearly 5 years.

He came with his wife (non-student or worker - shes a housewife) and they had a baby son 2 years ago.

Baby son was born in UK.

1) They are planning on returning to India in August - can their son get any form of British Citizenship / Passport etc?

2) Is that dependant upon them remaining in the UK for a period of time? How long for?

3) Do they both have to remain in UK or can husband go back, leaving wife here to 'qualify' etc. (he has business interests in India whch need his attention on a full-time basis)

Child is not a British citizen.

Child can be registered as British if:

a. one of the parents gets ILR (or other form of permanent residence);

OR

b. child lives in the U.K. until age 10.

[sakura]

Just to add that if his wife is here as his dependent, she would have to leave too. She can only remain in the UK by qualifying for a visa on her own accord (e.g. student, work permit, etc).

[gollywood]

Child is not a British citizen.

Child can be registered as British if:

a. one of the parents gets ILR (or other form of permanent residence);

OR

b. child lives in the U.K. until age 10.

ILR - how long will that take for a student?

What if the husband leaves - and wife remains - is she technically an 'illegal'?

Child automatically gets Citizenship if here for 10 years?

[geriatrix]

1. Leave as student doesn't count towards ILR. Not sure, but if the person manages to stay for another 5 years (legally), he might have a shot at ILR under the 10yr residence category.

2. As a dependent, spouse cannot apply for ILR in his/her own right. Dependent's ILR depends on the main applicant qualifying for ILR (subject to conditions). Spouse will be illegal as soon as current leave as a dependent expires (unless renewed).

3. Will let others confirm.

regards

[Siggi]

Sushdmehta,
You are 100% correct, bar one thing the 10year residence ctaegory is now going to fall away, with the new immgration bill comming through now.

[gollywood]

What will replace the 10 year residency catagory?

[benz52]

He needs to get a birth certificate from the local council where the child was born. (3-6 weeks to get an appointment if not done yet)

Then apply for a passport at the Indian embassy. (1-2 weeks)

Once this is done, he will have to apply to the Croydon office for a dependant visa which may cost around £200. Then off to India. (2-4 weeks)

It is a time consuming procedure and such things must be done at the first opportunity.

As for him leaving his wife behind, i don't think it will matter much as she will not qualify for anything because she is a dependant person. Also bear in mind that if he has a good business interest in India and makes frequent visits to India or stays for a longer duration, there may come a time when the customs will not allow him to enter the country.

Student visa will not count towards the current ILR requirement of 5 years. By the time he completes another 5 years, the 10 year ILR rule of long residence will be gone for sure. His best bet is to get a work permit. However, there will be a long wait before he can hope for a British passport. 5 years in the same category to get ILR & another 1 year to get citizenship(which will soon be 2). Besides, work permit holders will get very less allowance for going abroad. Only 180 days in 5 years, not more than 3 months at any time.

If your friend is staying here for a passport only, tell him to go home as things are going to get much more difficult in the near future.

Hope this helps.

[gollywood]

(He's a neighbour - not really a friend - but he seemed desperate, and he knew that I had taken on the 'MIGHT' of the HO...and won

Some very comprehensive replies - which I have passed on to him.

I think his intention is to get a passport for his son, so that he can benefit from the education of the UK (thats what I was picking up from him)

Thanks for all the replies !

[RAJ2007]

10yrs rule-

Some of the members mentioning about abolition of 10yrs rule. there is no mention of that in any of the changes that are expected to come in the next few yrs. Because HO is silent of that issue that does not signifies they are going to abolish 10yrs long residence category. Also, it is not easy to stay 10yrs legally and only a few percent of people become eligible through that rule. therefore I don't think HO is concerned about it.

If anyone has seen any article which says that 10yrs rule is going to be abolished please let the forum know. There is no point of making speculation or spreading rumour or scaring people unnecessarily as some (Siggi...) people suggesting.

[thirdwave]

(He's a neighbour - not really a friend - but he seemed desperate, and he knew that I had taken on the 'MIGHT' of the HO...and won

Some very comprehensive replies - which I have passed on to him.

I think his intention is to get a passport for his son, so that he can benefit from the education of the UK (thats what I was picking up from him)

Thanks for all the replies !

Well, he shouldn`t worry too much about it then. I can say, with the benefit of experience, that the education system in India is far superior, and cheaper,to the one in UK (unless, maybe, if one goes to Oxbridge)

[thirdwave]

10yrs rule-

Some of the members mentioning about abolition of 10yrs rule. there is no mention of that in any of the changes that are expected to come in the next few yrs. Because HO is silent of that issue that does not signifies they are going to abolish 10yrs long residence category. Also, it is not easy to stay 10yrs legally and only a few percent of people become eligible through that rule. therefore I don't think HO is concerned about it.

If anyone has seen any article which says that 10yrs rule is going to be abolished please let the forum know. There is no point of making speculation or spreading rumour or scaring people unnecessarily as some (Siggi...) people suggesting.

The very fact that there is no mention of the 10 year rule as a route to settlement in either the PBS changes or the new immigration bill might well mean its on its way out...

[gollywood]

Well, he shouldn`t worry too much about it then. I can say, with the benefit of experience, that the education system in India is far superior, and cheaper,to the one in UK (unless, maybe, if one goes to Oxbridge)

I can only speak for education system in Pakistan which is good if you can afford it.

HAve heard good things about Indian education system.