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ilr for child born in uk

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

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Aug07
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ilr for child born in uk

Post by Aug07 » Wed Jan 04, 2012 12:34 pm

My child born in Uk and i got her Indian paasport but no dependant visa on it. Is it ok, if I apply for ILR for her without HSMP dependant visa on it?

Aug07
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Posts: 109
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Post by Aug07 » Wed Jan 04, 2012 1:39 pm

Any answer for my question? :(

sunil.suneel
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Re: ilr for child born in uk

Post by sunil.suneel » Wed Jan 04, 2012 1:48 pm

Aug07 wrote:My child born in Uk and i got her Indian paasport but no dependant visa on it. Is it ok, if I apply for ILR for her without HSMP dependant visa on it?
You don't need to include her in your application for ILR ... After you get your ILR approved you can register her using NM1 ... and then apply for British Passport ...

Experts correct me if am wrong in saying so ... Am not sure how her having a Indian passport would affect this process ?

vinny
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Post by vinny » Wed Jan 04, 2012 1:51 pm

If a parent is subsequently granted ILR, then a previously UK-born child may skip ILR and is entitled to register as a British citizen.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sunil.suneel
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Post by sunil.suneel » Wed Jan 04, 2012 2:00 pm

vinny wrote:If a parent is subsequently granted ILR, then a previously UK-born child may skip ILR and is entitled to register as a British citizen.

vinny, would this be irrespective of the UK born child having a Indian Passport ? if so when applying for citizenship will we need to turn in the childs indian passport ?

linkers
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Post by linkers » Wed Jan 04, 2012 2:14 pm

It depends, I think India doesn’t allow dual citizenship yet (some countries do).

You need to check it from Indian High Commission in London or from their website.

If you have to surrender the Indian Citizenship for your child, you can get the Person of Indian Origin (PIO). Below is the link for more info on PIO card.

http://en.wikipedia.org/wiki/Non-reside ... ian_Origin

John
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Post by John » Wed Jan 04, 2012 2:50 pm

would this be irrespective of the UK born child having a Indian Passport ?
The born-in-the-UK child having a foreign passport is irrelevant. Once one or both parents have ILR then an application can be made under section 1(3) to Register the child as British. Such applications are an entitlement application ..... no UKBA discretion involved.

The UK is not concerned about what happens to the foreign passport, but I think Indian law says it should be surrendered.
John

nmaj
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Re: ilr for child born in uk

Post by nmaj » Wed Jan 04, 2012 5:03 pm

This is what I did for my children they both born in the UK and had Indian passport

You can do the same as below

* Skip ILR for your UK born child
* Register them directly as British Citizen using MN1 form once you get ILR
(Allow upto 3 months to get registration certificate. I got registration cert in the 6th week)
* Apply for UK passport ( Send your child's birth certificate, BC registration certificate and Indian passport). UK passport should arrive within 4 weeks
* Surrender Indian passport in VFS office ( Check Indian High Commission website). Surrender certificate should arrive within 4 weeks)
* Apply for PIO in Indian High Commission

Aug07 wrote:My child born in Uk and i got her Indian paasport but no dependant visa on it. Is it ok, if I apply for ILR for her without HSMP dependant visa on it?

Aug07
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Posts: 109
Joined: Tue Aug 14, 2007 2:39 pm

Post by Aug07 » Thu Jan 05, 2012 3:11 pm

thx alot forur guidance.
I have one more query How many P60 we need to attach for ILR?

linkers
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Post by linkers » Thu Jan 05, 2012 4:33 pm

P60s for last 5 years

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