Passing citizenship to children if British by Descent

My first ever query.

My wife is expecting a baby in January or February 2018 and i am getting my 6th payslip on the 30th of Jan.
so I have to wait for the child to be born in Pakistan.

I am a British citizen but not by birth my father came here and sponsored us he also isn't a British citizen by birth.

Now once the child is born would he be a British citizen if not can he be registered as a British citizen?
secondly, would I will be applying for the child and the mothers' spouse visa together? and what would be the status of the child in terms of nationality?

What should i do shall i apply for childs visa or register him as a british citizen and can i do that? and if i can do that can he just enter the country once his mothers visa arrives ?

How did you obtain your British citizenship?

CR001 wrote: ↑

Thu Oct 26, 2017 3:31 pm

How did you obtain your British citizenship?

I think through registration my father came here 2003 we came 2006 through a sponsor. we got the nationality in 2009.

If you were registered as British under Section 3(1) of the nationality act (before you turned 18), the you are British otherwise than by descent and your child born abroad is automatically British by Descent. You can apply for a passport directly or for RoA/CoE.

CR001 wrote: ↑

Thu Oct 26, 2017 3:47 pm

If you were registered as British under Section 3(1) of the nationality act (before you turned 18), the you are British otherwise than by descent and your child born abroad is automatically British by Descent. You can apply for a passport directly or for RoA/CoE.

Thanks a lot but how does that work? because my father isn't a British born ?
and can you please explain British under Section 3(1) of the nationality act

and should I apply for child's passport or Right of abode and apply it once he is here ?
which is quicker as I will be applying for my wife's visa 1st of Feb 2018?

If you came to the UK on a visa as a dependent of your father and then got Indefinite Leave to Remain, registering (children) and naturalising (adults) as British is possible after 6 years residence. You would only have been able to register as British if your parents were being naturalised at the same time. You will have received a certificate of registration as British citizen.

Your choice whether to apply for RoA or a passport. A British passport from abroad can take many months.

RoA/CoE in a foreign passport is usually quicker.

CR001 wrote: ↑

Thu Oct 26, 2017 4:19 pm

If you came to the UK on a visa as a dependent of your father and then got Indefinite Leave to Remain, registering (children) and naturalising (adults) as British is possible after 6 years residence. You would only have been able to register as British if your parents were being naturalised at the same time. You will have received a certificate of registration as British citizen.

Your choice whether to apply for RoA or a passport. A British passport from abroad can take many months.

RoA/CoE in a foreign passport is usually quicker.

Thank you very much iam so relieved right now !

CR001 wrote: ↑

Thu Oct 26, 2017 4:19 pm

If you came to the UK on a visa as a dependent of your father and then got Indefinite Leave to Remain, registering (children) and naturalising (adults) as British is possible after 6 years residence. You would only have been able to register as British if your parents were being naturalised at the same time. You will have received a certificate of registration as British citizen.

Your choice whether to apply for RoA or a passport. A British passport from abroad can take many months.

RoA/CoE in a foreign passport is usually quicker.

Lastly can one apply RoA/CoE as soon as child is born ? and would that work as a passport for travel or i would still have to apply for the pakistani passport and it would only work for the entry in the uk?

You must have a Pakistani passport to get RoA/CoE as it is a sticker/vignette that is put into the passport.

CR001 wrote: ↑

Thu Oct 26, 2017 7:58 pm

You must have a Pakistani passport to get RoA/CoE as it is a sticker/vignette that is put into the passport.

Perfecto

Thanks

CR001 wrote: ↑

Thu Oct 26, 2017 7:58 pm

You must have a Pakistani passport to get RoA/CoE as it is a sticker/vignette that is put into the passport.

Ok, so a new question just today I found out that you don't actually need 6 months payslip to be able to submit your application.

In my case, I would obviously want my wife to give birth here in the UK but that is not possible if I have to provide 6 months payslips because being 6 months pregnant they wouldn't allow you to travel on the plane.

Now if i apply by 15th of Nov with fast track i should get an answer by 15 december (fingers crossed) and thats when my wife enters her 6th month pregnancy.

thats only if i can apply with 4 months of payslips ?

also read this online: Please Confirm

"Paragraph 2(a)(ii) of Appendix FM-SE provides that where the Sponsor has been employed for a period of less than 6 months, his/her partner can rely on pay slips from “any period of salaried employment in the 12 months prior to the date of application”. When read in conjunction with Paragraphs ECP 3.1 and 3.2 (in entry clearance cases) and Paragraphs E-LTRP 3.1 (in leave to remain cases) it is clear that there is no minimum number of wage slips that are required, provided that a specified gross annual income of £18,600 (for a spouse applying alone) is demonstrated."

She can fly mostly upto about 30 weeks of pregnancy, some airlines allow 32/34 weeks.

You need either 6 months payslips or 12 months if you have not been in your most recent job for at least 6 months.

If you do not provide sufficient payslips of a minimum of 6 months, you are likely to be refused for a spouse visa.

CR001 wrote: ↑

Fri Oct 27, 2017 5:34 pm

She can fly mostly upto about 30 weeks of pregnancy, some airlines allow 32/34 weeks.

You need either 6 months payslips or 12 months if you have not been in your most recent job for at least 6 months.

If you do not provide sufficient payslips of a minimum of 6 months, you are likely to be refused for a spouse visa.

Then i dont know on which bases my lawyer is saying we can apply with 4 months of payslips provided the gross income is as per requirement

is there any law that states that ?

What you have read on a solicitors website (a post from 2015) is slightly different to the immigration rules in link and quote below. There have bene refusal for not submitting at least 6 months payslips if you are in salary employment.

https://www.gov.uk/guidance/immigration ... d-evidence

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

CR001 wrote: ↑

Fri Oct 27, 2017 7:46 pm

What you have read on a solicitors website (a post from 2015) is slightly different to the immigration rules in link and quote below. There have bene refusal for not submitting at least 6 months payslips if you are in salary employment.

https://www.gov.uk/guidance/immigration ... d-evidence

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

Ok thanks

Do you think even if i say i desire my wife to give birth here is there any law to support that ?
because the only problem applying in December is that on 15th december 7th month will begin...
and i dont know if airlines will allow her to travel upon the arrival of visa?

Iam so confused what do you suggest ?

Do you think even if i say i desire my wife to give birth here is there any law to support that ?

No, not really.

What do you think, what is the worst that could happen if you apply with 4 months salary slips? You will lose your fees and get rejection. I would take my chance and apply with 4 months. If you get rejection, apply with 6 months salary again. This is just my personal opinion.

UKBALoveStory wrote: ↑

Sat Oct 28, 2017 8:40 am

What do you think, what is the worst that could happen if you apply with 4 months salary slips? You will lose your fees and get rejection. I would take my chance and apply with 4 months. If you get rejection, apply with 6 months salary again. This is just my personal opinion.

That’s exactly what my lawyer said that apart from 4 payslips he will make sure the case is financially strong. The only reason why i want for her to come here is give birth here in uk

Rah2017 wrote: ↑

Sat Oct 28, 2017 11:30 am

UKBALoveStory wrote: ↑

Sat Oct 28, 2017 8:40 am

What do you think, what is the worst that could happen if you apply with 4 months salary slips? You will lose your fees and get rejection. I would take my chance and apply with 4 months. If you get rejection, apply with 6 months salary again. This is just my personal opinion.

That’s exactly what my lawyer said that apart from 4 payslips he will make sure the case is financially strong. The only reason why i want for her to come here is give birth here in uk

I understand that. There is a risk involved but worst outcome will be to loose fee. Ask yourself, can you afford that? if yes, then go ahead. Again, this is not a legal advice but just a personal opinion.

Hello for my wife's Visa application she has been told by the doctor not to go for a TB Xray as it may be harmful to the baby. So what should one do in this case ?

A sputum/phlegm test is acceptable from an approved test centre.

CR001 wrote: ↑

Mon Oct 30, 2017 12:55 pm

A sputum/phlegm test is acceptable from an approved test centre.

and that is totally risk free?

She spits in a bottle and they test that. No risk.

CR001 wrote: ↑

Mon Oct 30, 2017 1:04 pm

She spits in a bottle and they test that. No risk.

thanks

A New Question:

Someone who has come to the UK on a student visa and wishes to marry a British citizen who earns the amount needed for a spouse visa application.

Now while he is studying here can they register their marriage here secondly would he get a reply while he is studying here or he would have to go back ?