Child settlement application refused

[vinny]

Note that after your child becomes British, he cannot be subject to leave.

[Obie]

True. Registration can take up to 6 months. But if OP desperately needs his child to return, then EC may be the best option.

[Obie]

Correct Vinny, that is very true. Registration can take up to 6 months. But if OP desperately needs his child to return, then EC may be the best option.

[Hubert]

Thanks. I will go for appeal. Finger cross now and hope the case can be heard soon and result is in my favor.
I will update the result when I have further news.
Thanks again guys. You are invaluable.

[Hubert]

Hi

A follow up news, the appeal is successful. However the detail of the new visa is not clear now.
Now they request us to submit the passport as soon as possible.
We had little issue in this. The port is at Shanghai, China, but we had already taken our son to UK now on a short period family visa(6 months). After almost 4 months waiting, we lost patient and decided to take the son back as soon as possible. So we applied a short visa for him and luckily get approved. So just last month, my son arrived with this visa. The Custom officer had a few words and made some comments on his entry record(don't know the detail). Our original plan is to directly register him as a British citizen as the law said he is elligible to do so regardless of his current status.

So I need more advice here. Shall I take this new visa? We personally would like to take it as it's safe and keep us in peace at least for couple of years. Our best wish is if we can take his new visa here in UK? Does any expert know if that is possible?

Many thanks,

Hubert

[vinny]

Why don't you just register him?

[Hubert]

Because he enters UK with a temperally visa, we are worried that he would need to clear this visa.
Also register as British means he has to give up his Chinese passport, which we are reluctant to do at the moment.
The timing is so bad. If we are more patient and wait another 2 months, everything will be perfect.

[vinny]

Our original plan is to directly register him as a British citizen as the law said he is elligible to do so regardless of his current status.

That's correct.

Alternatively, he may apply for SET(O) under 308.

Not sure if they would implement his allowed appeal while he is in the UK. On what basis was the appeal allowed? Under Article 8 or the Immigration rules?

[Hubert]

We haven't seen any detail of the new visa yet. We just received a phone call for us to submit the passport.
We keep trying to contact the UK embassy Shanghai port but it is so difficult to get on hold of someone.