Visa category for my daughter born in UK and parents having ILR

[smruti_21]

Hello everyone,

Hope you are well. Myself and my husband both have ILR and we have a 2.5 year old daughter born in UK. We are planning to go to India in March 2022 - April 2022 for a short period of time. I am quite aware that I can apply for my daughter's British Citizenship and British passport and then for an OCI card to go to India. Since, the time required for this process is few months it won't be possible to do all these things before April. I have few questions -

1. Can we go to India and then apply for a standard visitor UK visa for her from there for 6 months and once we come back I can apply for her British Citizenship, British Passport and then OCI?

2. Is there any other visa category ( Family visa category if applicable) I can apply whilst being in India or before I leave for my daughter to bring her back to UK ?

Please do advise me. Many thanks in advance for your help.

Regards,

Smruti

[vinny]

Did a parent have ILR at the time of child’s birth?

[smruti_21]

No at the time of her birth we did not have ILR. She was born in april 2019. We both got ILR in October 2020.

[secret.simon]

1. Can we go to India and then apply for a standard visitor UK visa for her from there for 6 months and once we come back I can apply for her British Citizenship, British Passport and then OCI?

No, because she will not be a visitor, will she? A visit visa requires, among other things, demonstration that the applicant will leave the UK at the end of the visit.

2. Is there any other visa category ( Family visa category if applicable) I can apply whilst being in India or before I leave for my daughter to bring her back to UK ?

I believe that she should be able to apply for ILE, as both parents have ILR. But it won't be a quick application. Put aside a few months for that application.

Simply put, there is no suitable application for the timeframe that you are trying to manage in.

[vinny]

It may depend on how flexible they are.

[smruti_21]

It may depend on how flexible they are.

Hello Vinny,

What do you mean by saying how flexible they are ?

[CR001]

It may depend on how flexible they are.

Hello Vinny,

What do you mean by saying how flexible they are ?

Click the link "flexible" to read.

[smruti_21]

Many thanks to the experts for prompt replies !

This means that while a standard visitor visa may not be completely hopeless, it cannot be relied upon.

Also, just to be clear, does ILE (indefinite leave to enter) mean that I can apply for my daughter's SET (F) ILR from outside the UK, once we travel to India on her Indian passport ? Please note that she was born in the UK when us (her parents) did not have ILR but now both of us have ILR. Her UK dependent visa ran out, and now she has no visa.

[TODMATT]

Many thanks to the experts for prompt replies !

This means that while a standard visitor visa may not be completely hopeless, it cannot be relied upon.

Also, just to be clear, does ILE (indefinite leave to enter) mean that I can apply for my daughter's SET (F) ILR from outside the UK, once we travel to India on her Indian passport ? Please note that she was born in the UK when us (her parents) did not have ILR but now both of us have ILR. Her UK dependent visa ran out, and now she has no visa.

ILE is the same as ILR except ILE is granted from abroad unlike ILR issued within UK.

You cannot apply for SET F outside of the UK. You need to apply for family visa on the basis of paragraph 297 since both parents are settled and your child should be granted ILE on this basis from abroad.

or apply for SET F inside the UK and put off your holiday.