Child of a british citizen

Hi Team,

I have a 16 yrs old daughter in india. I came to uk ot Tier 1 general visa. But i have not mentioned any where about her as she was not joining at that time. But now want to bring my daughter to uk. I am british now. her mother and younger sister is also uk citizen now.
Her passport and school certificates has my names on it.

Please help me .

Regards
Raj

cuteprettysweetappealing wrote:Hi Team,

I have a 16 yrs old daughter in india. I came to uk ot Tier 1 general visa. But i have not mentioned any where about her as she was not joining at that time. But now want to bring my daughter to uk. I am british now. her mother and younger sister is also uk citizen now.
Her passport and school certificates has my names on it.

Please help me .

Regards
Raj

Suggest start here:
https://www.gov.uk/join-family-in-uk

Note: settled status in UK will take 5 years or so, so it won't be possible to register your daughter as a citizen whilst she is still a minor. She would have to follow any plans for citizenship as an adult in her own right.

I could be wrong, but I believe that any visa that you sponsor her for would only be valid until she turns 18. After 18, she would need to apply for a visa in her own right just like any other person from outside the EEA.

However, as you are a British citizen, she does have the right to settle with you in any country other than the UK in the EEA. So, provided you are willing to move your entire family to another EEA country like Ireland for atleast three months (six months to a year would be much better), you could look at the Surinder Singh route to bring her into the UK. It is still a 5 year route, but it is under EU law, not UK law and is less demanding in terms of requirements.

As she is 16, I presume that she would be going to university anyway and not staying at home. She could look at universities in the Netherlands and Germany whose medium of instruction is English (I am fairly certain that the University of Masstricht falls into that category). As the daughter of a British citizen, she may get a student visa in those countries faster and eventually qualify for citizenship in that country over time.

All this could have been prevented if you have moved her to the UK before the age of 12. She would then have qualified for ILR as your family member in five years and got registered as a British citizen by being a minor when both her parents were naturalised. Now she is too close to being an adult to qualify for ILR as a family member.

She may apply to join you under A280(b), 297. As both parents are UK citizens, she should be granted ILE.

vinny wrote:She may apply to join you under A280(b), 297. As both parents are UK citizens, she should be granted ILE.

That seems the most logical step.

We learn something new everyday.

vinny wrote:She may apply to join you under A280(b), 297. As both parents are UK citizens, she should be granted ILE.

hi Vinny
can you please email me your contacts i can call u to discuss.
My Email address is personal email details removed by moderator for OPs online safety.

regards

Hi Team,

My child came to uk as child of a british citizen. when 16 yrs old. Now 19 yrs old and need to extend visa. Can someone help me to know which form should I fill for the extension of the visa. visa is expiring in 3 months time.

thanks & Regards

Can you give the details of the visa they granted her? Didn’t it have the ILE observation/endorsement?

Hi Vinny,

What does that means ? I think she got ILE

Regards

cuteprettysweetappealing wrote: ↑

Fri Jul 13, 2018 10:37 am

Hi Vinny,

What does that means ? I think she got ILE

Regards

Do click on vinny's link that is 'ILE'. It means Indefinite Leave to Enter and her visa in her passport should clearly state that if she was granted ILE. ILE is the same as ILR (indefinite leave to remain). ILE is granted outside the UK to children under 18 and ILR is only possible to apply for inside the UK after meeting the residence requirement with 5 years Limited Leave to Remain (i.e. spouse visa, work permit, ancestry visa etc).

Hi Vinny,
What does that means ? I think she got ILE

On Passport its "SETTLEMENT ACC MOTHER TO JOIN FATHER"

On brp : "DEPENDANT LEAVE TO ENTER"
Regards

Without the words Indefinite Leave to Ender or ILE, then it looks like they mistakenly granted her limited leave. If both parents were British at the time of her visa application, then get it corrected to ILE.

vinny wrote: ↑

Fri Jul 13, 2018 7:38 pm

Without the words Indefinite Leave to Ender or ILE, then it looks like they mistakenly granted her limited leave. If both parents were British at the time of her visa application, then get it corrected to ILE.

Hi Friend
Thanks for reply i was not in uk. Can you plesae help me how can i get it corrected as the visa is getting expired in oct 2018.
ANy phone no or email address to get it corrected ?


Regards

cuteprettysweetappealing wrote: ↑

Mon Sep 03, 2018 2:04 pm

vinny wrote: ↑

Fri Jul 13, 2018 7:38 pm

corrected

Please click on the above link as advised. Unfortunately, you have left this so late, since 2015?!

Hi Vinay,
Thanks for your reply.
Question is the BRP is valid till 24 oct 2018.
not sure how long it will take to rectify.
Now should I apply Set (F) or
should I put Application for Update, replace or transfer to a Biometric Residence Permit(i.e. "https://www.gov.uk/biometric-residence- ... e-visa-brp").

Regards

If there is insufficient time, then perhaps apply for SET(F) prior to expiry of leave? After they grant it, then request a refund of SET(F)'s fees and entry clearance's IHS, if the ECO made a mistake?

Hi Vinny,
Thanks for your reply. you made my day and life bit easy now.
Finally I need to fill SET (F).
One more quick question in set(F) is as child is 18 years old she need to Life in UK and English B1 RIght ?

Regards

Yes.

Hi Venny,
Is there any 5years stay rule apply for child to fill Set (F)? Because child is in uk for 2.5 years only yet and doing A levels studies?

Regards

No residence requirements. If both parents are British, then child qualifies for indefinite leave. That was why the ECO should have granted ILE from the start.

If 18 or over, then SET(F) also requires KoLL.

vinny wrote: ↑

Mon Sep 03, 2018 3:14 pm

cuteprettysweetappealing wrote: ↑

Mon Sep 03, 2018 2:04 pm

vinny wrote: ↑

Fri Jul 13, 2018 7:38 pm

corrected

Please click on the above link as advised. Unfortunately, you have left this so late, since 2015?!

Hi Vinny,
You gave me all valuable information but due to not having your contact details was not sure what to do.
After our last conversations i feel I have to apply for BRP Replacement card which I did single day service. We went there y'day. The Sr. Case worker looked into the our case history and simply void the application. After discussing with him why he has done this he verbally explain that we seen the case history you were granted the Settlement and so you don't need any visa extension. Where as get your BRP corrected as its mistakely printed "Dependent Leave to Enter". I asked that what if its not done before the expiry day. They said nothing to worry as you got settlement visa and immigration is not going to come to deport your child.
But the documentation they provided is just single line statement saying "That your application is voided and we are refunding your fee after charging £100/-"

After comming out I immidately apply for BRP amendments explaining whole story in the comment box. Hoping they should solve this ASAP.

What is your suggestion should we apply Set (F) or FLR(FP) in the mean time just to cover the child status in uk?
We already filled Sef (F) and its ready we can submited before 24th Oct as per your suggestion before. I am also keeping FLR(FP) ready in case we need to file FLR (FP). Someone also suggested about FLR(IR). Too many forms but not sure now how to proceed. Please guide
Regards
CP

Hi Vinny,

Today i got BRP with correct information (i.e. ILE valid till 2024).

Hope i can now apply for naturalization ?


Regards
CP

Congratulations!

Unfortunately, as she is over 18 and presumably unmarried to a British citizen, she has to wait until after spending at least 5 years in the UK.