Visa for child born in UK

[engleheart_green]

I hd entered UK as a normal work Permit holder. My visa is going to expire soon. I have my wife who too has a valid dependant work permit visa. My son who was born in UK in Nove last year, has an Indian passport but we had not applied for his UK visa. I am not sure if it is ok to apply for his visa as well with my visa extension. Is there a chance his visa can be refused. I have an A rated sponsor who can certify maintenance of funds as well. Please help this is urgent.

[John]

It is not clear what type of visa you are going to be applying for soon. Is that a Tier 2 extension? Or ILR? Or what?

Certainly if you are going to apply for a Tier 2 extension, include the child on your application, and assuming you get your extension your child will get a dependant visa. Don't worry about the fact that your child has no current visa.

If you are going to be applying for ILR then there is a second issue to consider. That is, do you intend your child to be a British Citizen? If the answer to that is "yes" then don't bother to include the child on your ILR application, thereby saving the extra cost of adding that dependant. And then when you have your ILR, file form MN1 to Register your child as British. That application in respect of your born-in-the-UK child would be under section 1(3), which is an entitlement application .... no UKBA discretion involved. Section 1(3) applications tend to take less than a month to be dealt with.

[engleheart_green]

Thank you for your reply.

I am extending my tier 2 visa, all my application forms posted to home office on 05th July 2010
with my sons form (I didn't fill section 'D' immigration histroy). To day i have received letter from HO stated that my sons
(depandent application) form has to filled Section 'D'. But he doesn't have visa on his passport. Now what should I do ?
is there any change to refuse my application or my sons application ?
Could you pls tell me, what i have to do ?

Thank you,

[John]

You left it blank even though the form says "It is mandatory to complete Section D. If it is not complete the application will be invalid and
will be returned to the applicant.". It is therefore not surprising that this has been queried by UKBA.

Have they sent your child's form back to you? If so complete it in the most logical way. Did you send your child's UK-issued birth certificate with the application? If not I certainly think you need to do that.

[engleheart_green]

Thanks John,

HO returned only 'Section D' from application form. if i tick, D1 - No / what should I write in D5 ?
already I sent UK issued birth certificate.

Thanks for your helping.

[John]

OK, if I were you :-

• D1 .... answer "No" .... and then move on to D5
• D5 .... answer "No" .... and then move on to D11
• D11 .... something like "The child was born in the UK on (enter date) and has not left the UK since that date. No previous visa application has been made for the child.
• D12 .... answer "No" .... and then move on to D15
• D15 .... write "N/A" .... that is, indicate the question is not applicable.
• D16 .... answer "No" .... and then move on to D18
• D18 .... answer "No" .... and then move on to D20
• D20 .... answer "No" .... and then move on to D22
• D22 .... answer "No" .... and then move on to D24
• D24 .... answer "No" .... and then move on to D26
• D26 .... answer "No" .... and then move on to D30
• D30 .... answer "No" .... and then that is it, as they only sent you Section D

[engleheart_green]

Thanks John,

HO returned only 'Section D' from application form and wrote ref.no. on the top that section.

Thank you very much for your help.

[engleheart_green]

Thanks John,

I have received myself and my son's ICFN card and passports.

Thank you very much,

[yargos111]

Hi John,
I have a similar case. Currently I am on Tier-2 General and eligible to apply for ILR in Dec 2010.

My son was born in UK in Mar 2010 and now he has gone to India with his mother. There is no UK Visa yet stamped on his passport.

My question to you is : If I get my ILR in Dec. and want to file MN1 form for my son (for UK citizenship), is it pre-requisite to have Tier-2 General visa stamped on my son's passport???

Otherwise, I have to apply for my son's Tier-2 from India and then he has to come back before Dec.(when I apply ILR) which is not very convenient due to personal reasons.


Appreciate if you let me know what is the best course of action.

Thanks in advance.

[vinny]

My question to you is : If I get my ILR in Dec. and want to file MN1 form for my son (for UK citizenship), is it pre-requisite to have Tier-2 General visa stamped on my son's passport???

Not a pre-requisite.

[geriatrix]

My son was born in UK in Mar 2010 and now he has gone to India with his mother. There is no UK Visa yet stamped on his passport.

For the child to return to UK he will need either a visa on his Indian passport or a British passport.

If the child is to return to UK before you apply for ILR, then he will need a PBS dependent visa in his Indian passport. But if the spouse and child are to return to UK after you have received ILR, then:
1. When you are granted ILR, your child will be entitled to registration as British citizen under section 1(3). The registration can be applied for in the UK using form MN1. Once you have the registration certificate, you can then apply for British passport from the BHC nearest to you in India. Alternatively, he may apply for entry clearance as child of settled person, travel to UK and then apply for registration as British citizen.
2. Your wife will need to apply for entry clearance as spouse of settled person before she returns to the UK.

Though I did browse through the BHC India website but I have not been able to find any information regarding registration (in India) of a UK-born-child as British citizen. You may wish to contact the BHC nearest to you to enquire if this can be done. If it is possible, then you will be able to apply for both registration as British citizen and (subsequently) British passport for your son from India itself.


regards

[yargos111]

Hi to all,

Thanks for your quick and elaborate reply.

This information is very useful and I will check with BHC in India.

Thanks.

[geriatrix]

yargos111, though information regarding procedure (and form, if any) for registering someone as a British citizen is missing from BHC India website the law does allow anyone (eligible) to apply for British citizenship outside the UK.

Thanks to Vinny for sharing this information and the document that states so. See section 6.3.1.2 (in particular (iv) & (v)). In light of this, BHC cannot refuse an application for registration. It just a matter of enquiring about the procedure and associated fees.

Thanks Vinny!


regards