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I am wondering If anyone has done this in past and their experience..14.7 - Children born in the UK on or after 1 January 1983 but who are not British Citizens ( Rules Paragraphs 304 and 305 )
In practice, ECOs will rarely have to deal with this category of entry clearance application.
Before 1 January 1983, every person born in the United Kingdom was automatically British. The British Nationality Act 1981, which came into effect on 1 January 1983, stated that a person born in the United Kingdom after that date would only be a British Citizen if either of the parents was a British Citizen or was settled in the UK.
A child born in the United Kingdom who is not a British Citizen is subject to immigration control. The parents of such a child will normally regularise the child's immigration status, e.g. by applying to the Home Office to have the child given the same leave to remain as themselves. This means that if the child leaves the United Kingdom with its parents, e.g. for a holiday, re-entry will be allowed within the child's existing leave to remain.
However, there will be instances when a child leaves the United Kingdom without leave to remain having been authorised and therefore requires an entry clearance to return. In these circumstances, you should be satisfied that the applicant meets all the following conditions:
intends accompanying or joining a parent or parents who have, or are given, leave to enter or remain in the UK; or is accompanying or joining a parent or parents one of whom is a British Citizen or has right of abode in the UK;
or is a child in local authority care in the UK;
is under 18 years of age; was born in the UK on or after 1 January 1983;
is not leading an independent life, is unmarried and has not formed an independent family unit;
has not been away from the UK for more than 2 years.
Maintenance and accommodation requirements do not apply to a person who qualifies under these provisions.
What is the appropriate endorsement?
The visa endorsement must be in line with that of the parent(s) in the UK so you will need to see evidence of this. For example, if a parent is a work permit holder or student in the UK, the endorsement should read 'TO JOIN / ACCOMPANY FATHER / MOTHER / PARENTS'; if a parent is settled in the UK (e.g. has obtained settled status after being a work permit holder), the endorsement should read 'SETTLEMENT ACCOMPANYING / TO JOIN MOTHER / FATHER'.
Leave to enter the United Kingdom should be granted in line with that of the parents; if the parents have different durations of leave, it will be for the longer period.
If the parent is a British Citizen (e.g. having settled and subsequently registered), you should consider whether the issue of a Certificate of Entitlement or British Passport might be appropriate.
Thanks for your reply Mama, We are thinking of getting visa stamped in india, Can you please let me know the type of Form you used in India for visa stamping and list of documents required (Apart from Payslips/Employment letter) , Did you need to Attach your passports as well ?mama wrote:Hello
I had a baby boy born in the UK in August 2007. My son has an Indian passport which we obtained from the High Commission in London. My husband went and submitted the application form in person. You need to fill two forms - one form to register the baby and then one form which is a passport application. You can submit both these at the same time.
The passport was ready in 4 working days and once again, my husband collected in person. There was absolutely no problem.
Regarding the visa for the baby, upto you to do it here in UK or in India.
I can only give you my experience. I went to India with the baby and got the visa stamped there. The procedure in India was very simple. If you live in any of the metro cities, you can submit the application for visa in person at the VFS office. The passport with the visa was ready the very next day! You need to take all the documents with you as originals (including your partner's payslips, employement letter if employed). I was quite surprised by the speed and efficiency.
I had to travel to India at short notice and the Home Office didnt have an appointment for 6 weeks! So I decided to get it done in India.
Hope this helps.
Hi Garichdgarichd wrote:Thanks for your reply Mama, We are thinking of getting visa stamped in india, Can you please let me know the type of Form you used in India for visa stamping and list of documents required (Apart from Payslips/Employment letter) , Did you need to Attach your passports as well ?mama wrote:Hello
I had a baby boy born in the UK in August 2007. My son has an Indian passport which we obtained from the High Commission in London. My husband went and submitted the application form in person. You need to fill two forms - one form to register the baby and then one form which is a passport application. You can submit both these at the same time.
The passport was ready in 4 working days and once again, my husband collected in person. There was absolutely no problem.
Regarding the visa for the baby, upto you to do it here in UK or in India.
I can only give you my experience. I went to India with the baby and got the visa stamped there. The procedure in India was very simple. If you live in any of the metro cities, you can submit the application for visa in person at the VFS office. The passport with the visa was ready the very next day! You need to take all the documents with you as originals (including your partner's payslips, employement letter if employed). I was quite surprised by the speed and efficiency.
I had to travel to India at short notice and the Home Office didnt have an appointment for 6 weeks! So I decided to get it done in India.
Hope this helps.
Hi Gauravmr.gaurav wrote:I am on a Student Visa. My wife is expecting a baby next week. I want to apply for tier 1 visa.
I had a doubt regarding which visa should I apply for after getting the passport done. Do I need to apply for a Students dependant for my baby first and then switch to Tier 1 Dependent along with my application. Or Do I have an option of applying as a Tier 1 Dependent directly with my application without the baby having any visa initially.
Would appreciate any help.
Regards
Gaurav
If born in the UK, then baby will automatically be British (1(1)(b)).herts wrote:Hi, my wife is expecting a baby. We have ILR stamped on our Indian passport. If anyone knows about how to get ILR stamped on baby's Indian passport ?
Thanks
Following the introduction of biometric passports, I suspect that child will require his/her own passport.zzool1 wrote:Dear All,
I'm currently an HSMP holder and my wife is expecting our first child shortly.
Due to my tradition, we'll be having this baby in our native land.
So, would the baby require a passport or visa to return or can the baby be included in the mothers passport (i presume the hsmp visa overs the baby)
Please help
Vinny, thank you.
Following the introduction of biometric passports, I suspect that child will require his/her own passport.
Child will also require own visa, irrespective of whether s/he is included in mother's passport.
Thank you John for the prompt reply and the warm welcomeBut given that you are new here, welcome, in the topic, have you read it from start to finish? And also clicked on the links it contains? Lots of guidance there.
Yes, and here I'll make things more complicated and seed a new question. I'm in the final stages of changing jobs (NegotiatingQuestion .... do you really need to apply for a visa at all, at this time? When are you next due to apply for a visa for yourself?