Spouse Visa and Child Right of Abode (CoE)

I am British Citizen. I am applying for my wife's spouse's visa from Pakistan. We have one son who was born two months ago. I am going to apply for his Certificate of Entitlement this week before I apply for my wife's spouse visa.

There are two questions in the spouse visa application form.

1- Dependent children of my wife - They are asking about his nationality and passport number. Should I answer British as he is a child of a British Citizen but he has not got a passport or CoE? What should I write in the passport number column? How would I prove, he is British.

2- If I apply for hIS CoE and wait and then apply for a wife visa. Can I then write his nationality as British? Is this a better option?

3- Another question is about the dependent children of the Sponsor (Myself). This is our only child Should I just repeat the information. They also ask about the expenses on the child. My salary is £19000 per annum. What figure should I give? Is £100 a month for a child is Ok?. Will this affect application in terms of financial requirements. I know British child does not affect maintenance requirement for spouse visa but I am confused as they are asking about money on child.

I will really appreciate help.

As you are a British Citizen a few different questions.

Were you born in the UK? Or did you obtain ILR and nationality through your own 5 year visa process (and not relied on your parents British nationality to gain your own after being born abroad)?

If yes to either, your child is eligible for a British Passport and I don't believe you require a CoE. You can apply for your child's passport from overseas. https://www.gov.uk/apply-renew-passport

This is a much cheaper option than getting a CoE.

If you did get your own nationality through your parents because you were born abroad, I'm afraid your child is not automatically entitled to citizenship. They would have to get a family visa and do the normal 5 year route with your wife to get ILR and nationality.

Either way I'm imagining for you the first option is true and you are born in Britain so basically first get your child their passport.

Once your child can prove they are British, you will have sufficient income (above £18,600 per annum) to apply for your wife's visa.

If your child does not automatically get a passport for the reason I stated above, then you need to also have an additional £3800 for your child as income bringing the total to £22,400.

Thanks for your detailed reply. I became a British Citizen By Naturalisation in 2016.

I know CoE is more expensive. I am thinking of applying for CoE instead of a passport because the wait time is a lot more. Is there any other negative consequence related to CoE.

Regards,

Noman

nomi9 wrote: ↑

Wed Sep 22, 2021 8:37 am

Thanks for your detailed reply. I became a British Citizen By Naturalisation in 2016.

I know CoE is more expensive. I am thinking of applying for CoE instead of a passport because the wait time is a lot more. Is there any other negative consequence related to CoE.

Regards,

Noman

I'm still unsure of why you want to go down this route but it is obviously up to you. I wouldn't apply for your wife until you have received the CoE in your child passport. british-citizenship/right-of-abode-with ... 7-125.html The negatives are that you will have to apply for a British passport for your child to allow them freedom of movement to other countries and also you have to pay again. Not much else.

The link above will give you an idea of processing times, seems like it's 6 to 8 weeks (for some 60 calendar days) from outside the UK, about the same time as a passport.

I believe your son will still not be a British national as he won't have a British passport or Certificate of Naturalisation. However, he will still enjoy the same rights as a British Citizen in terms of immigration and work in the UK. I would probably not state he was a British citizen in your wife's visa application but instead attach a cover letter explaining that your child has a certificate of entitlement which is why you do not need to meet the higher financial threshold. Again, I personally would get my child the passport as this reduces all confusion and gives clear evidence to the HO of your child rights to enter the country and reside there without the faff.