ILE (ILR) for child born abroad to ILR parents

Hi,

We applied for Naturalization in the Uk in Jan'21 and had an approval letter in July'21.

Unfortunately, we travelled to India before we received our approval letter in July'21. Where we got stuck due to a pandemic and had to deliver (birth) our baby in India in Oct'21.

Our Ceremony is still pending, we have time till Jan'22 to go back to the UK and complete our ceremony.

My question are below (please if you can help with your experience maybe we can get out of this soon);
1. Is our baby eligible for British Passport/Citizenship in this case as we (both parents) have ILR + Citizenship granted letter (PENDING OATH)?
2. If not, What best route we can follow to get back to the UK with our baby? Link and guidance may help a lot as its so much confusion all around.
3. If I have to go with any visa route how much cost and time it's going to take?
4. Any other help/guidance please share.

So far I have obtained a local birth certificate of my child.

Thanking you in Advance.

Ja Sa wrote: ↑

Thu Nov 18, 2021 8:05 pm

1. Is our baby eligible for British Passport/Citizenship in this case as we (both parents) have ILR + Citizenship granted letter (PENDING OATH)?

No.

The child born outside the UK would have been born a British citizen only if they were born on or after the date of the citizenship ceremony/the date on the naturalisation ceremony. The letter of approval does not bestow any status on the child.

Of course, had the child been born in the UK, they would have been a British citizen by birth as they would have been born to at least one parent who had ILR at the time of their birth.

If both parents are on ILR, the child can apply for ILE and then, once back in the UK, the child can be registered as a British citizen on Form MN1 under Section 3(1).

The latter process (registration as a British citizen) would cost about £1000. I am not sure how much the initial ILE application (to bring the child to the UK) would cost.

Thanks very much, Simon for your quick response. Unfortunately, things messed up only one step of the ceremony could have saved a lot of time and money. If we/I would have done this before the baby's birth.

Due to the Pandemic, I wasn't able to travel back to the UK which was originally planned.

Does HO doesn't help in such cases as an exception due to the impact of the COVID-19 pandemic?

Regarding the ceremony, we have time until Jan'22 which is tight. Is there any way we can get an extension?

Hi All,

We (parents) are ILR holders and Naturalized approved (Pending Oath).

The child is now born abroad. I understand, my child is NOT eligible to apply for a British citizen/passport from Abroad.

Please could you help me with;
1. What Visa I should be applying for her? Visa type/name?
2. Link which can take me directly to apply page?
3. What fees I should be expecting?
4. What timeline I should be expecting?

I appreciate any help you can provide.

secret.simon wrote: ↑

Thu Nov 18, 2021 8:21 pm

Ja Sa wrote: ↑

Thu Nov 18, 2021 8:05 pm

1. Is our baby eligible for British Passport/Citizenship in this case as we (both parents) have ILR + Citizenship granted letter (PENDING OATH)?

No.

The child born outside the UK would have been born a British citizen only if they were born on or after the date of the citizenship ceremony/the date on the naturalisation ceremony. The letter of approval does not bestow any status on the child.

Of course, had the child been born in the UK, they would have been a British citizen by birth as they would have been born to at least one parent who had ILR at the time of their birth.

If both parents are on ILR, the child can apply for ILE and then, once back in the UK, the child can be registered as a British citizen on Form MN1 under Section 3(1).

The latter process (registration as a British citizen) would cost about £1000. I am not sure how much the initial ILE application (to bring the child to the UK) would cost.

Topics merged.

You were already given advice. Click the link provided (clue blue underlined Apply for ILE).

I understand, thanks very much.

Please can you confirm for me? If the below form is right, and I am on the right track? I have filled this form and am ready to submit it based on below highlighted Visa type

Check your answers
Check the information below before you continue to the next section.
Category of application
Select a visa type
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 is 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.

Also, do I have to pay IHS for infants? I can see this on page 5.Pay

That option is correct and If you are asked to pay IHS then pay.

Thanks, @TODMATT @CR001 and @Simon,

I was double-checking because one of the solicitors in the UK gave me the info that to get ILE done for a child (outside the UK), HO charges are Pounds 2389.
My research shows its Pounds 1,523 Plus IHS charges approx 400-500 fo child.

The fee is correct £1523 and not £2389 as the application form online tells you the amount you need to pay for the application form you are applying for so i am not sure where they got that figure from.


Parent of a child under the age of 18 who is a British citizen, settled in the UK, or in the UK with pre-settled status under the EU Settlement Scheme. £1,523

Thanks very much, @TODMATT @CR001 @Secret Simon and All,

After reading all the posts on this website things are pretty much clear to me.

HOWEVER, PLEASE CORRECT ME IF I AM WRONG IN UNDERSTANDING OR FOLLOWING THE BELOW STEPS:

As we both are ILR parents (ILR received in 2020) Plus we have Naturalized approved pending Oath and are currently present in India.

To get (travel with) our 1.5 mth old child with us back to the UK we need to follow the below steps:

1. Apply under visa type;
Non-British child of a parent, parents or relative who are British citizens or settled in the UK
2. Fill the form - Apply now
Two Appendix 1 and Appendix 2 is confusing me (However I am filling the Appendix-1 form option - AM I RIGHT?)
3. Pay IHS (This will be refundable)
4. Pay Application fees.
5. Fill 'Appendix 1 (VAF4A July 2012)'
5. Book VFS appointment (pay extra if required priority)
6. Get biometrics done for my child
7. Wait to get a decision and passport for the child's ILE (might take 3 months)

Yes. Appendix 2 is not required.
Child may also require a TB certificate?

Please help ---

I have filled in the application form for my daughter and at the end, it shows me the "Category of application" below:
Highlighted yellow is where I think it is applicable to my daughter.

Your category of application:
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.
Select the guidance relevant to your application to see which appendix you need to complete and provide:

Non-British child of a parent (granted permission to be in the UK before 9th July 2012)
Non-British child of a parent (granted permission to be in the UK after 9th July 2012)

When I select from above it shows me You must download, complete and provide 'Appendix 2 of VAF4A: financial requirements'

Can you please clarify me why is it asking me to complete appendix 2? I thought it should be Appendix 1...

Please help...

Also out of the box question:
If I (father) go back to the UK and complete my Citizenship (oath ceremony).
Am I able to apply for Citizenship directly for my daughter instead of this ILE route?
Please note at the time of my child born (In India). Both parents were on ILR + Citizenship approved pending oath.

Please can you help me with your suggestion? It will help us (family) a lot.

Am I able to apply for Citizenship directly for my daughter instead of this ILE route?

No.

Thanks, CR001 please can you help me with my other query as well.

Please can you help me with this I am on the verge of submitting my application

Ja Sa wrote: ↑

Mon Nov 29, 2021 2:54 pm

Please help ---

I have filled in the application form for my daughter and at the end, it shows me the "Category of application" below:
Highlighted yellow is where I think it is applicable to my daughter.

Your category of application:
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.
Select the guidance relevant to your application to see which appendix you need to complete and provide:

Non-British child of a parent (granted permission to be in the UK before 9th July 2012)
Non-British child of a parent (granted permission to be in the UK after 9th July 2012)

When I select from above it shows me You must download, complete and provide 'Appendix 2 of VAF4A: financial requirements'

Can you please clarify for me why is it asking me to complete appendix 2? I thought it should be Appendix 1...

Please help...

You only need to fill appendix 1 if the child is the only applying separately while if the child is applying same time with then, appendix 2 would have been recommend however, it seems appendix 2 is no longer needed since it has been replaced by the online application.

Here is an option for you upon double checking the online application again.

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.

£1,523


You can apply on this form if you are joining or accompanying a parent who was given permission to be in the UK before 9 July 2012 and is either:

a British citizen
settled in the UK
has limited leave to enter or remain as a partner or parent
As part of your application you must also download, complete and provide the 'Appendix 1 (VAF4A July 2012)'. You will be told to submit this after you complete your application.

Read the guidance for more information.

Finally, with all your help and support, I have submitted my daughter's application form (biometric net week) successfully under category: Non-British child of a parent, parents or relative who
are British citizens or settled in the UK

Applicant: 7 weeks old born overseas to ILR parents.

Quick few questions document checklist related:
1. evidence of the English language, for example, a NARIC letter that confirms your application.
- The applicant is seven weeks old - How can we satisfy this requirement?

2. evidence that you can meet the financial or maintenance requirements of the application as stated in the relevant paper appendix you will provide as part of your application.
- What supporting documents should I be providing this to satisfy?

3. the relevant paper appendix for your application:
- I shall be submitting Appendix -1 with this application.

Also, Can I know what timelines I should be expecting if I go with Standard and Priority options? Please

Please can someone help reply to my last post?

1. There is no English language requirement for children.
2. See also adequate maintenance.
3. Yes.