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Standard visit visa for child born in the UK

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gkjanarthanan
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Joined: Sun Jan 24, 2021 8:50 pm

Standard visit visa for child born in the UK

Post by gkjanarthanan » Mon Oct 18, 2021 3:47 pm

Hi,

My child was born in the UK. At the time of his birth, I did not have ILR and hence we were unable to register him as a British citizen.

Just recently I have been granted ILR on a 10 year route. I do know that my Child can apply for British citizenship now. However there is no fast tracking for this and we have to wait for at least 6 months.

We have an urgent travel requirement to India. We have the following options:

1) Apply for Family Visa with IHS, Application fee and Super priority costing roughly £2500
2) Apply for ILR with super priority costing roughly £3500

Is there a 3rd option, where we can travel to India (he has Indian passport) and apply for a Standard visit visa from India for less than 6 months. Once we come back, the intention we apply for his citizenship. This could be a cheaper option overall ?

Thanks in advance

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Standard visit visa for child born in the UK

Post by secret.simon » Mon Oct 18, 2021 7:03 pm

The basic premise/requirement of a UK visit visa is that the applicant/person granted the visa leaves the UK at the end of the visit visa.
In this case, it would be very obvious to the ECO that there is no intent to leave the UK. Therefore it is unlikely that a visit visa would be granted to the child.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

gkjanarthanan
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Posts: 14
Joined: Sun Jan 24, 2021 8:50 pm

Re: Standard visit visa for child born in the UK

Post by gkjanarthanan » Wed Oct 20, 2021 8:42 am

Thank you, that Makes sense. Please may I ask which form do I need to fill in for applying for his ILR. He does not have existing leave to remain as he is born in the UK. Would it be Set (F)

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Standard visit visa for child born in the UK

Post by secret.simon » Mon Nov 01, 2021 3:27 pm

gkjanarthanan wrote:
Wed Oct 20, 2021 8:42 am
Thank you, that Makes sense. Please may I ask which form do I need to fill in for applying for his ILR. He does not have existing leave to remain as he is born in the UK. Would it be Set (F)
It won't be SET(F) as settlement applications can only be made from within the UK.

I think it is VAF4A (and the appropriate Appendix), but wait for others to respond.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
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Re: Standard visit visa for child born in the UK

Post by vinny » Tue Nov 02, 2021 12:58 am

Suggest submitting the registration asap, preferably before leaving the UK?

Unfortunately, some caseworkers and ECOs may be unfamiliar with the UK-born child rules. Moreover, discriminatory, there are apparently no specific forms for this route that I can see.

In the UK, SET(F) may also require other parent to at least hold ILR/British citizenship or the ILR parent to have sole responsibility, etc. Else, perhaps use SET(O), with clear references to the UK-born child rules?

Outside the UK, there’s not much to lose in trying your 3rd option or referring to the UK-born child rules.
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