Travel outside UK for child (India passport and no UK visa).

imtiyazm · Post by **imtiyazm** » Tue Jun 10, 2014 9:30 am

Hi respected Gurus and Forum memebers, Please can someone help me in my situation below

child born in UK in Jan 2014
I recived my ILR in April 2014
immediately applied for my child's naturalization(MN1 sectin1(3)) in April 2014
no update on MN1 yet, phoned up home office but no update... They dont know anything

currently child has no India passport or UK dep visa or ILR

I have to travel to India in August 2014 for something very important.
If I get an Indian passport for my child and travel to India, get a UK visit visa for my child(in India) and travel back to UK in November 2014. hopefully by then he will get his UK naturalization.
Is this acceptable or I have completely lost it? Please advice.

imtiyazm · Post by **imtiyazm** » Tue Jun 10, 2014 10:51 am

Also to add can my child travel on Indian passport(no visa) and return on British passport(as I myself will be in the UK to process the British passport application(upon receipt of naturalisation certificate)).

imtiyazm · Post by **imtiyazm** » Tue Jun 10, 2014 2:54 pm

Hi, Please can Gurus help me...

shahid2000 · Post by **shahid2000** » Tue Jun 10, 2014 3:22 pm

There is one immediate issue here, you might get problems from immigration on either sides if the child travels out of UK without a valid UK visa. He does not require a visa so long as he stays inside the UK because he is born here but I dont think he can travel without a visa. The right thing would be to apply for a UK visa before you travel to India but then this will also take time. This is just my own understanding which might be wrong.

Everything else you have mentioned will work in theory although I would not recommend any of it because there are so many factors involved like what if he does not get a visit visa from India. More importantly, from the date he gets his registration certificate then technically he stops being an indian citizen and will only have a grace period of 3 months to continue using his indian passport, so if 3 months have lapsed and child is in india then he will have to apply for a british passport from India which as I understand can take considerable time.

IMO dont travel till you get the naturalization cert and the passport sorted for your child - of course you know your circumstances better. Hope this helps mate.

imtiyazm · Post by **imtiyazm** » Wed Jun 11, 2014 11:22 am

Thanks shahid2000, can the below situation be right then

Travel to India on Indian passport.
Return back to UK on Indian Passport - no visa but showing certificate of naturalisation as the child is going to be back to UK in November and by then he will have certificate of naturalization.(and will still be in 3 months grace period to use India passport).
Will the airline authorities , Indian Visa authorities & UK immigration authorities allow this given both parents are on ILR.

Comments from Moderators are appreciated.
Please let me know if this is wrong forum and I should rather post in General UK forum.

shahid2000 · Post by **shahid2000** » Wed Jun 11, 2014 12:49 pm

imtiyazm wrote:Thanks shahid2000, can the below situation be right then

Travel to India on Indian passport. Like I said before I think this will be a problem without having a UK visa.
Return back to UK on Indian Passport - no visa but showing certificate of naturalisation as the child is going to be back to UK in November and by then he will have certificate of naturalization.(and will still be in 3 months grace period to use India passport).
With the cert and within 3 months limit it will be OK. But how do you know it will be within 3 months grace period? It all depends on when the certificate is issued. Normally it does not take long for registration of children under MN1, mine took close to 4-5 weeks and I have seen numerous cases following the same timeline.
Will the airline authorities , Indian Visa authorities & UK immigration authorities allow this given both parents are on ILR.
Like I said before I dont know for sure but i believe it will be a problem. Think about it this way, if you have a child in India and he does not have a UK visa but both parents have ILR do you think the child will be allowed to travel to UK?
On your way out of UK they probably wont stop your son from going since he has an indian passport but they might record something on his immigration history for not having a UK visa you know something like an overstayer and what not ..... you know how things are with immigration.
Why dont you call some well known travel agency and tell them you want to book the ticket for your son who does not have UK visa and wants to travel out - just ask on the phone - see what they have to say about it.

Comments from Moderators are appreciated.
Please let me know if this is wrong forum and I should rather post in General UK forum.

imtiyazm · Post by **imtiyazm** » Thu Jun 12, 2014 4:47 pm

Thanks shahid2000,
Its been 8 weeks since I have applied for MN1 so still waiting.

Please can moderators also provide their suggestions.

ouflak1 · Post by **ouflak1** » Fri Jun 13, 2014 8:59 am

shahid2000 wrote: On your way out of UK they probably wont stop your son from going since he has an indian passport but they might record something on his immigration history for not having a UK visa you know something like an overstayer and what not .....

A child born in the UK who has never had any immigration status can never be an overstayer.

imtiyazm · Post by **imtiyazm** » Sun Jun 15, 2014 7:28 am

Thanks ouflak1..

Hence requesting any input from Moderators please....

imtiyazm · Post by **imtiyazm** » Mon Jun 16, 2014 10:59 pm

Hi, Please can moderators comment with their valuable experience/advice.

imtiyazm · Post by **imtiyazm** » Fri Jun 20, 2014 12:55 pm

Hi, Please can moderators provide their helpful/useful advice.

Jambo · Post by **Jambo** » Fri Jun 20, 2014 6:01 pm

No issue leaving the UK and entering India with an Indian passport.

The issues might be:

* getting an Indian passport. I'm not familiar with the process but if the Indian authorities ask for confirm the child is not British, you could have an issue.
* getting back from India. The child would either need an Indian passport and a visa or a British passport. Strictly speaking a British passport should be applied from the country the child is. From Indian this can take 3-4 months. If

imtiyazm · Post by **imtiyazm** » Mon Jun 23, 2014 2:34 pm

Many thanks for your prompt reply Jambo, much appreciated.

First issue, I have already registered my child as Indian citizen(just don't have the passport), hopefully it should be ok to apply.

Second issue, I agree with what you say, I was thinking Indian passport with Naturalization certificate would be an option but as you say its risky.

imtiyazm · Post by **imtiyazm** » Sat Aug 30, 2014 8:44 am

Hi, sorry for coming back again but please can moderators help

child is now in India( travelled on India passport)

I am still awaiting naturalisation certificate for my son(about 5 months now)
I myself think of applying for British passport for my son whilst I am in The UK and he is in India

My question is if worst comes and He has have to travel to the UK, is applying for family visitor visa an option?

akash08 · Post by **akash08** » Sat Aug 30, 2014 12:42 pm

How can you apply for passport without naturalisation? Your son is not british by birth and he will be british only after naturalisation. Without getting his naturalisation certificate you can not apply for British passport.

Family visitor visa is not the right category. Since your son is Indian (till the point of naturalisation) you have to apply for a child dependent visa under Family visa category which will take months.

You have no quick solution to the problem. I know many who decide to have baby in India and then have to wait months to get their family in UK. Your case is effectively the same.

Your best option is to hope that MN1 is done quickly, someone from UK sends you the certificate and then you apply for your sons british passport from India. Since you have waited for a very long period for MN1,you should write to your MP explaining all your issues and request to intervene and get MN1 registration ASAP.

imtiyazm · Post by **imtiyazm** » Sat Aug 30, 2014 9:13 pm

Thanks for your reply and suggestions
I was going to apply for his British passport only after Getting naturalisation certificate but from the UK(as I am myself in the UK)

I understand family visitor is not the right category, can I apply for family of a settled person visa( I understand this can take 3 months)?
Or do I have to apply tier 1 dependant( as that was my category before. ILR)

Please also can any respected gurus help me in the situation I have ended up?

Last_one_standing · Post by **Last_one_standing** » Sun Aug 31, 2014 1:50 pm

Whats beats me is why you were so keen to create problems for yourself.You were given good advices to sort out your papers before travelling.You created a situation where you had to leave your child in India,you must have had a very very good reason to undertake that trip.If I were you,I would have left the child in UK since you have no problems in leaving and entering.How did you get people to be referees on your MN1 with the child being in India.All this hassle is of your own making and I assume you should have appreciation of UK immigration matters by now.

vivdubes · Post by **vivdubes** » Mon Sep 01, 2014 7:33 pm

Hi there,

One thing is sure that you getting naturalisation certificate for your son is a distant dream now because you may not have sent his Indian passport to HO and that is why it is taking too long to register him as BC.

The issues I see as of now are
(1) Child (Indian) out of country
(2) No UK Visa to enter
(3) No visibility of getting naturalisation certificate either considering you cant apply without passport or any referees as he has not lived enough who can vouch for him as a baby.

Solutions what I can think of

1. Get a visa as any Indian national would get to enter in UK. Check with local VFS what forms etc, what visa..it could be family visitor visa..
2. Bring the child into UK, be prepared to answer few difficult questions at the border like why did you take the child away without visa etc..
3. Try to come as a family in UK dont come alone they might think you are abducting your own child.. some cases I heard where the surnames were not matching as in passport etc...considering people marrying many times and different people not sure if that suits your Indian culture..
4.Once he is in, start the process of MN3(1) registration.. I am not sure how you can stop the process what you have already started... but checking with HO is no harm..

I agree with others that you yourself has created this trouble good luck... .

imtiyazm · Post by **imtiyazm** » Wed Sep 03, 2014 8:53 am

Hi Friends, I guess you all are confusing the situation . Let me explain pls.
Please see below the timelines, obviously one doesn't need an Indian passport for Child British registration and child can travel after applying of course.

Baby born -jan 2014
I got ILR- apr 2014
Applied for MN1( baby still in Uk)- 9 apr 2014
Now waiting ......... Waiting
Obviously I am not going to spoil my holiday if the delay is from home office and they have their own reasons.
Also I didn't want to spend £1500 for ILR.
Child travels to India 20 Aug 2014 on Indian passport with no UK visa.

Child due to come back 03 nov 2014, this is together as a family including myself .

Basically I have 2 months( child in India) to sort something out.

I agree with a few that I have complicated it but I had to make the India travel.

Now my question to respected people, friends, gurus is ,Is child visitor visa an option for the baby to come back?

Please help.

imtiyazm · Post by **imtiyazm** » Wed Sep 03, 2014 11:59 am

hi, I rang home office today on timelines for MN1 but it was usual wait 6 months and the application is under progress....

Please can moderators Vinny or Amber have a look at my case and reply what options I have to bring my child back to UK?

imtiyazm · Post by **imtiyazm** » Wed Sep 03, 2014 5:26 pm

Hi, please can moderators look into my case, much appreciated. Thanks

hpat · Post by **hpat** » Thu Sep 04, 2014 10:14 am

Hi from my experience.

Your best bet to get child along with you is apply from child's dependent visa from India straight away.
Even you get child's British registration before you leave for India, I doubt your child can travel on that. May be British immigration allow after some hassle but surely you won't be able to bypass Indian immigration and board flight.
Visitor visa not an option; for my child it got rejected. But I had enough time in India so applied for visitor-rejected then again applied for dependent.

Hope this helps.

imtiyazm · Post by **imtiyazm** » Thu Sep 04, 2014 10:23 am

Thanks hpat, by dependent you mean apply for dependant settlement(i.e. family of a settled person)?

Which visitor category did you apply which got rejected?

And also if I get naturalization before I leave, i can apply for COE/ROA on Indian passport from India?

imtiyazm · Post by **imtiyazm** » Thu Sep 04, 2014 10:36 pm

Hi, Please can I request any moderators to look into my case . Really appreciated.

ban.s · Post by **ban.s** » Fri Sep 05, 2014 10:01 am

Child’s visitor visa application is unlikely to be successful as the nature of the trip won’t be a normal visit with the intention of returning back.
The correct category of entry clearance would be ‘family of a settled person’ visa
However as the child’s MN1 application is currently under process and if that application gets approved before the visa application, then visa application would become irrelevant. A british citizen won't need a visa. So you’ll have take a decision quickly.

The child will not be able to travel with COE ROA on Indian passport as it would be against the Indian passport act. The child will lose Indian citizenship once MN1 is approved and he becomes British.

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Travel outside UK for child (India passport and no UK visa).

Travel outside UK for child (India passport and no UK visa).

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Re: Travel outside UK for child (India passport and no UK vi

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Re: Travel outside UK for child (India passport and no UK vi

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