urgent: "in-line" immigration status

[scorz]

hello all,

i tried getting answer to my query in other post without any avail - so trying again...

background:
i'm an indian national on wp and eligible for ilr soon. my wife is here on a dependant visa.

our son was born in january this year and based on recommendation from various people (and also homeoffice), we have applied for his indian passport.

i was not sure what would my son's immigration status be after he gets his indian passport. so i queried with home office. they recommended i bring his immigration status "in-line" with mine. for this they recommended that i should apply for (what i thought i had heard right) leave to remain.

query:
1. did i hear it right? if so, is that the ltr(o) form that i need?
2. if not, which forms should i be filling in?
3. can i apply for my son's ltr AND also simultaneously apply for our (all 3 of us) ilr if i am applying in person? and if so, do i need to take separate
appointments for each or just one?

the gurus are kindly requested to reply back at the earliest...
i'm ever so confused!

[Kayalami]

1. What is your ILR eligibility/ application date?

2. Are you near or can you readily get to a Public Enquiry Office?

[scorz]

thanks for the immediate reply.

i am eligible for ilr (3 yrs 11 months) since may. i complete 4 years in june.

i'm conveniently located near solihull peo but have not taken any appointments as i'm still awaiting the (son's) passport.

[John]

In a sense, does it matter?

I say that because as soon as you and/or your wife have your ILR then your child who was born in the UK (otherwise how is he here without a passport) can be Registered as British.

So why bother about getting ILR, and any other visa, put into your son's Indian passport?

[scorz]

i had made similar comment/query when i had first called up the homeoffice!

but i was asked what was child's status - to which i had no reply. i said we plan to register the child after we have our ilr; to which i was told that it was not right.

"the right way to go about it - and a legal way - is that u get ur son's immigration status 'in-line' with yours" is what i was told.

but now that i have applied for the indian passport, would it help/hinder the ilr process? and could you/anyone guide me with the right forms/processes too?

[olisun]

I say that because as soon as you and/or your wife have your ILR then your child who was born in the UK (otherwise how is he here without a passport) can be Registered as British. <== if the child doesn't have a status now how can the parents get him registered as a BC?

If the Parent already had ILR or the child was born after the parent had the ILR, then it would have be a different situation

correct me if i am wrong

[Kayalami]

Scorz,

Options

1. Include child in your ILR application as a dependent.

2. Do not include child in ILR application. Apply for his registration as a BC post your ILR approval. Obtain a British passport for the child to facilitate travel.

1 is preferable in case there are any issues arising - you can be dealt as a family unit. Likewise the single fee is an asset. An added plus is that travel to India needs no visa then. Where BC is obtained you would need to note any issues pertaining to dual nationality - I understand regulations delayed but long term even to 10 yrs Person of Indian Origin (POI) visas negating such.

[John]

Olisun asked :-

If the Parent already had ILR or the child was born after the parent had the ILR, then it would have be a different situation

Yes indeed, the child (born in the UK) would have been British as soon as he/she was born. That is, it would just have been a case of completing an application for for a British passport for the child, in order to get the British passport.


But if ILR is obtained by the parent(s) after the birth (in the UK) of the child, it is first a question of applying for Registration as British for the child, and then after that Certificate is obtained, then applying for the child's British passport.

[scorz]

Scorz,

Options

1. Include child in your ILR application as a dependent.

2. Do not include child in ILR application. Apply for his registration as a BC post your ILR approval. Obtain a British passport for the child to facilitate travel.

1 is preferable in case there are any issues arising - you can be dealt as a family unit. Likewise the single fee is an asset. An added plus is that travel to India needs no visa then. Where BC is obtained you would need to note any issues pertaining to dual nationality - I understand regulations delayed but long term even to 10 yrs Person of Indian Origin (POI) visas negating such.

Kayalami,

I was thinking the same (option 1). However upon enquiring at the home office, they said they could not guarantee the successful application of our ilr (whatever that means) and was proposed the solution for flr(o) (i guess) for the kid and then ilr - also incurring double expenses for us!

if left with no choice, i will have to shell out the double amount, but i'm trying to evaluate and see if my application (without the child's indian passport + flr-o in place) can get through successfully.

anyone who can shed some more light and possibilities on this?

[John]

Scorz, as far as IND as concerned, of course they cannot guarantee success of an application before they receive it.

But after you have actually got your ILR, and can then apply for Registration of your child as British, following by British passport, an ILR for him becomes superfluous.

What you could do, if you feel the need, is to get a Right of Abode sticker put into his Indian passport.

[resider]

i recommend applying for ILR for all of you. Surely if they refused to give ILR for your children then thats fine. They should not refuse your ILR on grounds that the UK born children have no status.

So go ahead with the ILR application including all dependents. At the very least, you would get the ILR and then you can apply for their BC based on your ILR.

[John]

Resider, I agree, if the son's Indian passport is available. But if it is not, well certainly do not delay making the ILR applications for the rest of the family simply because the son's passport cannot be enclosed.

[scorz]

Resider, I agree, if the son's Indian passport is available. But if it is not, well certainly do not delay making the ILR applications for the rest of the family simply because the son's passport cannot be enclosed.

Thank you everyone for your helpful suggestions.

I am still awaiting my son's Indian passport -which should be here in the next week or two and as previously mentioned, i complete the 4 yr stay by the last week of this month. So I guess, I might as well wait for the passport!

Meanwhile, assuming the worst, if - when I apply for all of us for ILR alone - with/without my son's Indian passport - and if they deny the application on the grounds that the son's immigration status has to be brought 'in-line' with mine:

1. under what category should I apply for my son's case? Right of Abode / FLR(O) forms etc? or something else? AND
2. Will I be able to hand in both applications at the same time or would I have to take a separate appointment for each (i.e. FLR(O) and ILR (Set(o))?

Thanks once again. Your suggestions have been very helpful.

[try-one]

Hi, I read the tread and I wanted to present my opinion:

If a child is born in the UK he acquires the nationality of his parents, only exeption is when the child is born from foreigners with ILR (at the moment of birth).
You are required by law to register the birth, a child can not be stateless.
As I understand, the child would be indian by birth, he will be "inline" with your immigration status as the child will need a passport (indian) with a UK visa (FLR, ILR, etc); once you get the ILR then you can include your child as part of the application and after 12 months then your child can be included in the nationality request.
This info is my understanding of the nationality act 1981 but i'm not sure if the commonwealth citizens (india) would have different treatment.....please feel free to correct me..... another option for you is to request a passport form and read the conditions explained, I remember I asked for one for my daughter and i had to bin it....and wait.