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PLEASE HELP

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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Animah
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Joined: Thu Sep 20, 2007 12:57 am

PLEASE HELP

Post by Animah » Thu Sep 20, 2007 1:29 am

By October 2007, I would have spent 5 years as a work permit holder. Ofcourse I will be applying for ILR in the next few days.

I have had a child with a lady who I is illegally residing in the country. The baby is 5 months old. I would like an advice on;

1) Can I add the child on my ILR application as a dependent? if yes will she also be granted ILR. Does is it also means that I can apply for a passport for her if she is to be granted ILR.

2) Also it is possible that I can regsiter her as a British Citizen using form MN1?


My fear is that I am not married to the mother and also the mother is in the country illegally.

Please advice on waht to do.


Thanks

sakura
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Location: UK

Re: PLEASE HELP

Post by sakura » Thu Sep 20, 2007 2:35 am

Animah wrote:By October 2007, I would have spent 5 years as a work permit holder. Ofcourse I will be applying for ILR in the next few days.

I have had a child with a lady who I is illegally residing in the country. The baby is 5 months old. I would like an advice on;

1) Can I add the child on my ILR application as a dependent? if yes will she also be granted ILR. Does is it also means that I can apply for a passport for her if she is to be granted ILR.

2) Also it is possible that I can regsiter her as a British Citizen using form MN1?


My fear is that I am not married to the mother and also the mother is in the country illegally.

Please advice on waht to do.


Thanks
If the child was born in the UK: once one of the parents obtains ILR, the child can be automatically registered as a British citizen, using form MN1. The child doesn't need ILR because it would be a British citizen.

As for the mother? What do you plan to do? Having a baby doesn't really help her immigration status all that much. If you're in a serious relationship, I suggest you get married, and she returns to her country and apply for a spouse visa. Is it possible for her to return home (how did she enter the UK? Asylum, overstay or illegal?)?

The child's status could help her, but the category she uses is I think a bit more complex than the spouse visa.

JAJ
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Australia

Re: PLEASE HELP

Post by JAJ » Thu Sep 20, 2007 3:00 am

Animah wrote: 1) Can I add the child on my ILR application as a dependent? if yes will she also be granted ILR. Does is it also means that I can apply for a passport for her if she is to be granted ILR.

2) Also it is possible that I can regsiter her as a British Citizen using form MN1?
Are you named as the father on the child's birth certificate?

Once you have ILR and can show paternity, child can be registered as a British citizen. Child cannot get a British passport until the registration is completed.

What nationality are you? And what's the mother's nationality?

Animah
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Please Help.

Post by Animah » Thu Sep 20, 2007 1:28 pm

I am named on the Child Birth Certificate as the father. I am a Ghanaian citizen. So you suggest that I need not apply for a ILR for the Child since i can register her as a British Citizen once my ILR is granted?

If that is the case how long does that application last since I am planning to travel with her next month.

If it last more than 2 months, can I add the child's name as a dependent on my ILR so that she also could be granted ILR to enable us to travel?

Please advice.

jes2jes
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Re: Please Help.

Post by jes2jes » Thu Sep 20, 2007 1:35 pm

Animah wrote:I am named on the Child Birth Certificate as the father. I am a Ghanaian citizen. So you suggest that I need not apply for a ILR for the Child since i can register her as a British Citizen once my ILR is granted?

If that is the case how long does that application last since I am planning to travel with her next month.

If it last more than 2 months, can I add the child's name as a dependent on my ILR so that she also could be granted ILR to enable us to travel?

Please advice.
Child does not need ILR to apply for a British Passport if the Father is a Brit/ILR Holder . What you need is to apply for Registration as a Brit as you have been advise above.

If travelling with the child next month, I doubt you would be able to get the Registration sorted out in a month (hopefully) to get the certificate and then proceed with the passport application.

What you can do is to apply for a Ghanaian Passport at the GHC in Highgate for your child and attend the Home Office's PEO or Make a Postal Application for a Dependant Visa in this passport.
When you come back you can proceed with the process but it would be wise to lodge the Registration Application before travelling i.e. if you have your ILR by then :roll:

All the best
Praise The Lord!!!!

Animah
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Joined: Thu Sep 20, 2007 12:57 am

Please Help.

Post by Animah » Thu Sep 20, 2007 1:47 pm

Thanks guys, so what documents would I need to apply for a dependent visa for my daughter at Croydon?

Also what about the MN1? What documents do they require?

Thanks

jes2jes
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Re: Please Help.

Post by jes2jes » Thu Sep 20, 2007 2:04 pm

Animah wrote:Thanks guys, so what documents would I need to apply for a dependent visa for my daughter at Croydon?

Also what about the MN1? What documents do they require?

Thanks
Google this on the BIA website and you would find guidance notes in relation to the forms you require and all your answers are there.
Praise The Lord!!!!

Animah
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Please Help.

Post by Animah » Thu Sep 20, 2007 4:37 pm

Thank you all for your advice. Now I am going to apply for my ILR and would add my daughters name as a dependent.

When I come back from my trip, I will then apply for the registration using FORM MN1.

Thanks to you all

Animah
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Please Help.

Post by Animah » Mon Sep 24, 2007 11:42 am

Dear colleaques, I have been told by someone that, I risk my ILR being refusd If I add my child's details to it as a dependant. He thinsk that in view of the fact that my child's mother is an illegal immigarant could complicate issues.

I would therefore like to appply for only my ILR without adding any dependents and then apply to Register my baby as a British Citizen once I am granted ILR.

Please advice.

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Re: Please Help.

Post by jes2jes » Mon Sep 24, 2007 4:31 pm

Animah wrote:Dear colleaques, I have been told by someone that, I risk my ILR being refusd If I add my child's details to it as a dependant. He thinsk that in view of the fact that my child's mother is an illegal immigarant could complicate issues.

I would therefore like to appply for only my ILR without adding any dependents and then apply to Register my baby as a British Citizen once I am granted ILR.

Please advice.
Whoever told you this should point you to the relevant legislation that covers this point. Do not listen to people if they do not have any facts to prove what they say.

So long as the child it a legitimate child of yours (i.e. you are named on the Birth Cert as the father), there is nothing stopping you from adding the child to your application. So, what if the child's mother is deceased?

The child's mother when applying in-country on her own merits would raise some flags but nothing would happen to yours!
Praise The Lord!!!!

VictoriaS
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Post by VictoriaS » Tue Sep 25, 2007 4:56 pm

I totally agree - however, as you rightly say, if the child was born in the UK, once you have ILR you can register him/her as British, so you may want to hold off so as to save the fee!

Victoria
Going..going...gone!

jes2jes
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Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Tue Sep 25, 2007 5:01 pm

VictoriaS wrote:I totally agree - however, as you rightly say, if the child was born in the UK, once you have ILR you can register him/her as British, so you may want to hold off so as to save the fee!

Victoria
Can your clarify Re:Fee!? I thought the OP could use the same application for himself and his dependant (child in this case)?

Please let me know!
Praise The Lord!!!!

VictoriaS
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Post by VictoriaS » Tue Sep 25, 2007 5:06 pm

Sorry, yes, you are right.

I have spent so much time doing ILR apps for those on the 10 years that I forget the 5 year guys can have dependents!

Victoria
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Animah
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Please Help.

Post by Animah » Wed Sep 26, 2007 1:08 pm

Hello Guys,
I am back again. I called the Home Office to book an appointment for ILR. I was told by an adviser that I cant unclude my child as a dependent because she derives her nationality from her mother.

Because I dont want to create further problems the mother, I I do add the child as a dependent, Iam likely to say that the mother is no where to be found. How about that guys.

I am a confused man now but I guess the situation lookd a bit dodgy.

Please help.

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Re: Please Help.

Post by jes2jes » Wed Sep 26, 2007 1:54 pm

Animah wrote:Hello Guys,
I am back again. I called the Home Office to book an appointment for ILR. I was told by an adviser that I cant unclude my child as a dependent because she derives her nationality from her mother.

Because I dont want to create further problems the mother, I I do add the child as a dependent, Iam likely to say that the mother is no where to be found. How about that guys.

I am a confused man now but I guess the situation lookd a bit dodgy.

Please help.
Wait a minute mate! Does your child have a passport already? Are you named on the Birth certificate as the father?

I am confused about this 'nationality from mother bit' since this is not a nationality application you are making but an immigration application. Am I am missing something here?

You do not need to tell 'them' the mother cannot be found. You are under no obligation to do that. When asked you can say your wife would apply later on. Simple as that.

Please make the appointment and do not mention anything concerning bringing your dependant. On the date of your appointment at the PEO, you can take your child if you wish or make a postal application to save some money :cry:
Praise The Lord!!!!

Animah
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Post by Animah » Wed Sep 26, 2007 2:00 pm

Yea, I have applied for a Ghanaian Passport for her. I am also named on the Birth Certificate.

I will heed to your advice and add her as a dependant on my ILR application form. Thanks for your help.

avjones
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Location: London
United Kingdom

Re: Please Help.

Post by avjones » Wed Sep 26, 2007 3:11 pm

Animah wrote:
Because I dont want to create further problems the mother, I I do add the child as a dependent, Iam likely to say that the mother is no where to be found. How about that guys.
.
Yeah, a bit of attempting to obtain leave to enter or remain by deception (12-18 months in prison) is a FANTASTIC idea.....
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

VictoriaS
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Post by VictoriaS » Wed Sep 26, 2007 3:15 pm

One concern - if you apply for the child's ILR, will the Home Office come back and ask for detail of the mother? I think they might, and you may therefore be unwittingly 'shopping' your partner.

Victoria
Going..going...gone!

jes2jes
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Re: Please Help.

Post by jes2jes » Wed Sep 26, 2007 3:43 pm

avjones wrote:
Animah wrote:
Because I dont want to create further problems the mother, I I do add the child as a dependent, Iam likely to say that the mother is no where to be found. How about that guys.
.
Yeah, a bit of attempting to obtain leave to enter or remain by deception (12-18 months in prison) is a FANTASTIC idea.....
Since the OP is not married to the child's mom and he has not stated they are living together his UP (I assume it was something which happened without intention) he is under no obligation to put the partner's details at the Spouse/UP section of the application since it is not applicable in his case. I believe the BIA sees hundreds of applications everyday of this nature where a parent is applying for LTR/ILR without the other 'half' since they are not joined together in Holy Matrimony neither living as UPs.

The OP would be shooting himself in the foot by divulging information he has not been asked for but if asked he can speak the truth.

By the way Animah, how do you care for the child without the mother being around or are you living together? Do you have custody of your daughter?
Praise The Lord!!!!

VictoriaS
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Post by VictoriaS » Wed Sep 26, 2007 3:45 pm

No, he does not have to declare info, but they may ask.

Victoria
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jes2jes
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Post by jes2jes » Wed Sep 26, 2007 3:47 pm

VictoriaS wrote:One concern - if you apply for the child's ILR, will the Home Office come back and ask for detail of the mother? I think they might, and you may therefore be unwittingly 'shopping' your partner.

Victoria
If the OP is not travelling with the child, I see no reason he should add the child to the application for ILR to avoid telling lies which can be detremental in the future.

Just apply for your ILR and when granted, go ahead and register your child as a Brit. Your child not having a passport although born to a foreigner is not an issue at the moment unless of course you are travelling with the child :oops:
Praise The Lord!!!!

Animah
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Joined: Thu Sep 20, 2007 12:57 am

Please Help.

Post by Animah » Fri Oct 12, 2007 2:00 pm

Dear all,

By Gods grace I was grante ILR yesterday. t was really a smooth process. Now can someone please advise on where to get MN1 form as well as instructions on how to fill the form.

Thanks for all who advised me.

God bless you all.

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