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help to bring back my child

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tk
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help to bring back my child

Post by tk » Thu Apr 15, 2010 7:22 pm

I need help to bring my daughter back,she was born here in 2003 ,but left UK when she was still a baby.I was granted indefinite leave to remain last yr and I would like her to come and join me here ,how do i go about it?Which forms do i need to fill?

Wanderer
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Post by Wanderer » Thu Apr 15, 2010 7:38 pm

What about the father/carer? Do u have sole custody?
An chéad stad eile Stáisiún Uí Chonghaile....

tk
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Post by tk » Thu Apr 15, 2010 9:19 pm

The father doesn't have a problem with her coming back,his name is not on the birth certificate.she lives with my younger sister.

OFCHARITY
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Post by OFCHARITY » Thu Apr 15, 2010 10:53 pm

you should be able to apply for her as a dependant of a person settled in the UK http://www.ukba.homeoffice.gov.uk/partn ... tresident/ Don't forget to register her as British (form MN1) as soon as she gets here.

I am not 100% certain, but I think it may even be possible for you to apply for registration of your UK born daughter as a British citizen from the country in which she now lives since Registration in her case would be an entitlement...maybe someone else on this forum can advise...it might be worth checking out
'In everything give thanks'

PaperPusher
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Post by PaperPusher » Thu Apr 15, 2010 11:20 pm

What role does her father play in your daughter's life? And what about your sister?

UKBAbble
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Post by UKBAbble » Thu Apr 15, 2010 11:36 pm

I'm not convinced the child can be registered as a British citizen.

Wanderer
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Post by Wanderer » Fri Apr 16, 2010 12:44 am

UKBAbble wrote:I'm not convinced the child can be registered as a British citizen.
The child would have to be 10 I think.
An chéad stad eile Stáisiún Uí Chonghaile....

John
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Post by John » Fri Apr 16, 2010 6:23 am

I need help to bring my daughter back,she was born here in 2003 ,but left UK when she was still a baby.I was granted indefinite leave to remain last yr
In my mind the answer to this is very simple, and the answer does not change even though the child is currently outside the UK.

That is, there is an entitlement under section 1(3) for the child to be Registered as a British Citizen. Form MN1 should be used for that purpose.

Having got a Certificate of Registration for the child, it is then a simple matter to obtain a British Passport for the child.

Am I overlooking anything?
John

nicky1234
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Post by nicky1234 » Sat Apr 17, 2010 11:35 am

John wrote:
I need help to bring my daughter back,she was born here in 2003 ,but left UK when she was still a baby.I was granted indefinite leave to remain last yr
In my mind the answer to this is very simple, and the answer does not change even though the child is currently outside the UK.

That is, there is an entitlement under section 1(3) for the child to be Registered as a British Citizen. Form MN1 should be used for that purpose.

Having got a Certificate of Registration for the child, it is then a simple matter to obtain a British Passport for the child.

Am I overlooking anything?
Yes you are overlooking the fact that op has only ILR.So his son can not be registered as British Citizen.

Only option is to apply for his dependent visa.

One more thing she would need her husband consent weather thorugh family courts or on a affidavit.

Do I missing something?

Nicky

nicky1234
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Post by nicky1234 » Sat Apr 17, 2010 11:37 am

Wanderer wrote:
UKBAbble wrote:I'm not convinced the child can be registered as a British citizen.
The child would have to be 10 I think.
What you mean by that?

From where you get this idea?

Would you please provide any link?

In my view this is wrong.

Nicky

vinny
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Post by vinny » Sat Apr 17, 2010 11:47 am

Last edited by vinny on Sat Apr 17, 2010 11:49 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

John
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Post by John » Sat Apr 17, 2010 11:49 am

Yes you are overlooking the fact that op has only ILR.So his son can not be registered as British Citizen.
I am not overlooking that at all! But the OP has ILR and is thus "settled" in the UK, and the child was born in the UK, and thus Registration under section 1(3) is an entitlement.

A further explanation ... and I am only talking here about born-in-the-UK children .... if one or both parents has ILR when the child is born, then the child is automatically British from the moment of birth .... even though the parent(s) has/have "only" ILR. Also, as said above, if the child is born and then later the parent(s) gets ILR, then there is an entitlement under section 1(3) for the child to be Registered as British.
John

nicky1234
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Post by nicky1234 » Sat Apr 17, 2010 3:22 pm

Hi
John wrote:
Yes you are overlooking the fact that op has only ILR.So his son can not be registered as British Citizen.
I am not overlooking that at all! But the OP has ILR and is thus "settled" in the UK, and the child was born in the UK, and thus Registration under section 1(3) is an entitlement.

A further explanation ... and I am only talking here about born-in-the-UK children .... if one or both parents has ILR when the child is born, then the child is automatically British from the moment of birth .... even though the parent(s) has/have "only" ILR. Also, as said above, if the child is born and then later the parent(s) gets ILR, then there is an entitlement under section 1(3) for the child to be Registered as British.
I am afraid you are still overlooking.

I know when both parents have ILR then child can be registered as British.
In this case only one parent have ILR so this does not apply here.

So I am still on my point child can not be registered as British.

Nicky

JAJ
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Post by JAJ » Sat Apr 17, 2010 4:22 pm

nicky1234 wrote: I am afraid you are still overlooking.

I know when both parents have ILR then child can be registered as British.
In this case only one parent have ILR so this does not apply here.

So I am still on my point child can not be registered as British.

He is not overlooking anything. Only one parent needs to have ILR.

One parent with ILR (and living in UK) + UK born child = child (under 18 ) can be registered as British under section 1(3) of 1981 Act.

Location of child, immigration status of child and/or opinion of other parent are all irrelevant.

nicky1234
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Post by nicky1234 » Sat Apr 17, 2010 4:57 pm

JAJ wrote:
nicky1234 wrote: I am afraid you are still overlooking.

I know when both parents have ILR then child can be registered as British.
In this case only one parent have ILR so this does not apply here.

So I am still on my point child can not be registered as British.

He is not overlooking anything. Only one parent needs to have ILR.

One parent with ILR (and living in UK) + UK born child = child (under 18 ) can be registered as British under section 1(3) of 1981 Act.

Location of child, immigration status of child and/or opinion of other parent are all irrelevant.
Just realize I was overlooking. :lol:

Anyway thanks for correcting me.

Nicky

tk
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Post by tk » Sat Apr 17, 2010 8:45 pm

Thanks guys for the information.

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