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ILR for baby born in India

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ILR for baby born in India

Post by dsa007 » Wed Jul 28, 2021 12:11 pm

Hello admin,

Me, my wife and my elder son already has an ILR. Recently my second baby is born in India. We have received Indian passport for her.

1. What is the best route to get her in UK.
2.Can we apply for her ILR from India.

Thanks,
Deepak

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Re: ILR for baby born in India

Post by CR001 » Wed Jul 28, 2021 12:24 pm

Char (CR001 not Casa)
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Re: ILR for baby born in India

Post by dsa007 » Wed Jul 28, 2021 12:29 pm

thanks,

I read some of the posts in this forum. Is Indefinite leave to Enter a different option from what you have suggested above?

thanks

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Re: ILR for baby born in India

Post by CR001 » Wed Jul 28, 2021 12:38 pm

It is the application link I have provided. If both parents have ILR, then the child will likely be granted Indefinite Leave to Enter. ILE is not a separate type of application.
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Re: ILR for baby born in India

Post by dsa007 » Wed Jul 28, 2021 12:39 pm

CR001 wrote:
Wed Jul 28, 2021 12:24 pm
Child settlement visa.

https://www.gov.uk/uk-family-visa/child
I followed the link, When I went to "Apply", It asked if I am in UK. I selected no as my child is in India, though I am in UK. could you please advice.

Thanks and regards

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Re: ILR for baby born in India

Post by dsa007 » Wed Jul 28, 2021 12:53 pm

thanks CR001,

I have progressed with the application. Please can you help with the query below?
----------------------------------------------------------------------------------
In which category are you applying for indefinite leave to remain?

Select a category in which you are applying for indefinite leave to remain.
(Required)

Tier 1 or Global Talent dependants
Tier 1 migrant
Skilled Worker or Tier 2 dependant
Skilled Worker or Tier 2
Bereaved partner
Representative of an overseas business
Retired person of independent means
UK ancestry
Global talent
Any other employment
Other purposes or reasons not covered by other application forms
----------------------------------------------------------------------------------

Thanks

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Re: ILR for baby born in India

Post by CR001 » Wed Jul 28, 2021 1:02 pm

What form are you completing??

You are NOT applying for ILR.
In which category are you applying for indefinite leave to remain?
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Re: ILR for baby born in India

Post by CR001 » Wed Jul 28, 2021 1:21 pm

dsa007 wrote:
Wed Jul 28, 2021 12:39 pm
CR001 wrote:
Wed Jul 28, 2021 12:24 pm
Child settlement visa.

https://www.gov.uk/uk-family-visa/child
I followed the link, When I went to "Apply", It asked if I am in UK. I selected no as my child is in India, though I am in UK. could you please advice.

Thanks and regards
Did you read all the bits in the link or just click on the first apply button found?

Further down the page it says the below with a link to the online form and Appendix 1.
Apply from outside the UK
You’ll need to prepare information and documents to provide with your application.

Apply separately
Which form you need to fill in depends on whether your parent has leave to enter or remain in the UK on a 5 or 10-year route to settlement as the partner of:

a British or Irish citizen
a person with indefinite leave to remain
a person settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
a person from the EU, Switzerland, Norway, Iceland or Liechtenstein who has pre-settled status - they must have started living in the UK before 1 January 2021
a person with a Turkish Businessperson visa or Turkish Worker visa
a person with refugee status or humanitarian protection
If they do, you must fill in the Appendix FM online form.

If they do not, you must fill in both:

the online application form
the Appendix 1 paper form
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Re: ILR for baby born in India

Post by dsa007 » Thu Jul 29, 2021 9:18 am

Thanks admin, that was helpful.

I have now started the application again. I have chosen the option below.

"Non-British child of a parent who has permission to be in the UK as a partner or spouse of a British citizen or person settled in the UK granted permission under the Rules in place before 9 July 2012
Non-British child of a parent, parents or relative who are British citizens or settled in the UK
Non-British child of a relative who has limited leave in the UK as a refugee or receiving humanitarian protection
Non-British adopted child or child for adoption in the UK of a parent or parents who are British citizens or settled in the UK."

When I am applying as a child, at one point it is asking the address history.

"You must provide the addresses that you have lived at in the past 2 years."

The baby is only few months, she does not have 2 years address history.
I can't leave this field blank either, I am stuck at this step. please advice.

Thanks

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Re: ILR for baby born in India

Post by dsa007 » Thu Jul 29, 2021 10:28 am

Dear CR001,

Do I have to pay the Immig Health Surcharge for child settlement visa.
I was redirected to the IHS web page and after filling the details , I was told to pay the IHS of 175149INR.

This appears wrong to me, please advice.

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Re: ILR for baby born in India

Post by dsa007 » Mon Aug 02, 2021 4:09 pm

Dear Cr001,

Please see below the response from my solicitor. As per your suggestion I proceed with Child settlement visa but, I was told I can't go for that as It can be used when one parent is included in the application.

Could you please provide your valuable guidance. I am stuck and distressed. Is it possible to have a one on one chat with you please
----------------------------------------------------------
Your baby cannot apply for a family visa under Appendix FM as both parents (you and your wife) are settled. I checked Indefinite Leave Enter. That is possible.

So potentially, there are two routes:
1. Indefinite leave to enter under part 8 of the Immigration Rules – application fees: £2389

2. Apply for citizenship straight away under Section 3(1) of British Nationality Act 1981 – application fees: £1012
For both routes, it takes up to 6 months to get a decision.
-----------------------------------------------------------

Thanks

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Re: ILR for baby born in India

Post by CR001 » Mon Aug 02, 2021 4:49 pm

Your solicitor is wrong and completely misinformed. I honestly hope you are not paying for such appalling bad and incorrect advice.

Child settlement visa is the correct one under Appendix FM. The child will likely be granted ILE.

There is NO form to specifically apply for ILE either and it does NOT cost £2389.

Your child does NOT qualify for citizenship if the child was born abroad.
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Re: ILR for baby born in India

Post by dsa007 » Mon Aug 02, 2021 4:55 pm

Thanks Cr001,

What do I do next.
Is it possible to reach to you in person. or any reliable solicitor I can reach out please.
I understand you don't provide such details but if you could kindly make an exception please.

Thanks

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Re: ILR for baby born in India

Post by CR001 » Mon Aug 02, 2021 5:06 pm

I have provided you with the information you need to apply. It is not a difficult or complicated application to make.
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Re: ILR for baby born in India

Post by dsa007 » Mon Aug 02, 2021 5:09 pm

Thanks CR001,

I understand it and thanks for that. However when I made the application, it took me to IHS and asked for a fee payment of 175000INR. that's where I was unsure if I am making the correct application. kindly refer to my two old comments where I did not receive any reply.

please CR001, if you could help me, a little more.

Thanks

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Re: ILR for baby born in India

Post by CR001 » Mon Aug 02, 2021 5:11 pm

Pay the IHS. If ILE is granted, you will likely get a refund.
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Re: ILR for baby born in India

Post by dsa007 » Mon Aug 02, 2021 5:19 pm

Thanks a lot admin,

this has given me some confidence. I will make the application again.
Kindly keep providing your valuable guidance. Many thanks.

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Re: ILR for baby born in India

Post by moris » Mon Aug 02, 2021 6:52 pm

Hi dsa007

I am also going to apply for the visa for my son in the same route, hope you don’t mind being in touch with me as we could benefit from each other.
Thanks

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Re: ILR for baby born in India

Post by dsa007 » Mon Aug 02, 2021 6:54 pm

how do I contact you?

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Re: ILR for baby born in India

Post by moris » Mon Aug 02, 2021 7:00 pm

I think we can do a personal chat here

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Re: ILR for baby born in India

Post by dsa007 » Mon Aug 02, 2021 7:19 pm

tried sending you a message, didn't work.
please try

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Re: ILR for baby born in India

Post by CR001 » Mon Aug 02, 2021 7:30 pm

dsa007 wrote:
Mon Aug 02, 2021 7:19 pm
tried sending you a message, didn't work.
please try
You don't have access to the PM function as a new member.

Also remember that everyone on the forum is a complete stranger and we have many scammers and spammers on the forum daily.
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Re: ILR for baby born in India

Post by dsa007 » Mon Aug 02, 2021 7:36 pm

got it, thanks cr001

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Re: ILR for baby born in India

Post by dsa007 » Tue Aug 03, 2021 4:56 am

Dear CR001,

I did some reading overnight and made my application again.

Me and my wife both have ILR. However she delivered the baby is in India and is in India from feb 2021 .

1. Does she have to be present in UK when I make application for the baby for ILE?

2. I might have misunderstood but the Form asks the questions as if one parent and child is applying together for settlement. however that is not the case in this occasion.

please help.

Thanks

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Re: ILR for baby born in India

Post by CR001 » Tue Aug 03, 2021 5:37 am

1. No. You do realise the application has to be made from India and not in the UK.

2. If you read the advice given in the topic already, you were advised which option to select. The child is applying as the child of parents who are settled. Not as a child of a parent also applying.
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