ILR for newborn

Hi there,
I am an Indian citizen settled here in the UK on ILR. As we cannot have dual nationality, I have opted to keep my Indian passport with ILR.

I would like to register my son for the Indian Nationality at the Indian High commission, obtain an Indian passport for him and then apply for a UK visa probably ILR? We do not want a British Passport for him.

I phoned the home office help line to query what category I need to apply, but they haven't got a clue.

Could someone please let me know under what category can I apply for my son's ILR?

Thanks in advance

Well because your child was born in the UK at a time when you had ILR, he/she is automatically a a British Citizen.

If you don't want to get a passport, you can apply for a Certificate of right of abode, or apply for ILR using form SET(F).

I can see why the people are confused, as a British Child does not require leave, or subject to immigration control.

The possibility of applying for overseas citizen of India passport is also open to you, should you wish to apply for a British passport.

A British child cannot apply for leave under the immigration rules. The child needs either a British Passport or CoE.

Thanks Obie & Aber.

If I apply for an Indian passport for my son and Certificate of Abode, would that be a valid travel document?

He should be alright. Certificate of Entitlement to Abode is usually affixed on the holder's passport.

Also see Certificate of Entitlement.

Hi Obie/Amber,

I am about to apply for a premium ILR application using set F which costs £1493.

But Amber's reply below puts me off track that this could not be the right category for my son's ILR. Reluctant to apply for a CoE as this would only be valid for the duration of the passport (about 5 years initially) and we have to re-apply every few years unlike the ILR which is indefinite.

Amber wrote:A British child cannot apply for leave under the immigration rules. The child needs either a British Passport or CoE.

If you guys could confirm that set F would be Ok , I would be much relieved.

If god forbid, it turns out to be the incorrect category when we go in person do I lose all my money which is a significant amount?

Thanks again in advance for clarifying my doubts.

Me and my colleagues advised your that your child is not required or entilted to leave to remain as Section 3(2) of the rules is designed for people who do not have the right of abode and require leave to remain.

As you child has the right of abode by virtue of Section 2(1) , he or she could avoid applying for British passport, which will engage Indian law, and instead go for the Certificate of entitlement to right of Abode.

I am not sure which other way to explain this.

Right of abode is like ILR, affixed on his/her Indian Passport.

Thanks Vinny. Hopefully that will put to bed the issues in this thread.

Hi guys,

Thanks a lot for your kind advice and help.

We have now received our son's passport back with the CoE to Right of Abode and this only took 16 days.

Best Regards