Immigrationboards.com

Hi all,

I have applied for my wife and daughter's to renew their visa and I have received a letter by the case worker suggesting that there may grounds for my child to be registered as British, or apply for a British passport, he suggest that I obtain immigration advice with regards to this. Also they asked me to to confirm if I can and want to apply for a British passport for my child, then please to advise them of this and they will void my child's off my the application.

To give a brief background, I received a letter of acceptance for citizenship before my daughter was born but the ceremony took place one month exactly after she was born abroad. She came her on 2,5 year visa with my wife.

Please advise what I should do as I have a deadline to respond.

Thank you so much for all your valuable help.

regards

As you did not become a British citizen until you had attended your ceremony, my understanding is that a child born outside of the UK would follow the immigration path of the less privileged parent...in this case the path of your wife.

Thank you for your reply.

That was my understanding, but the case worker's leeter made me confused a bit.

What shall i reply to him as i have waiting for more 6 months already.

Thanks

Dear Friends,

Please can any one with knowledge or one of the moderator advise me of what to do? I have spoken to a solicitor and they said that she is entitled to it because I was settled in the UK when my child was born.

Regards

Reply to them with your understanding of the British Nationality Act and how it applies to your child's situation. Specify the dates involved. Explain that this is why you have chosen to apply for your child's visa noting that the child normally acquires the status of the less priviledged parent. This information is all something they can easily verify with the documentation you've supplied and a brief look at the rules and policy guidance. That should suffice.

mycase wrote:Dear Friends,
Please can any one with knowledge or one of the moderator advise me of what to do? I have spoken to a solicitor and they said that she is entitled to it because I was settled in the UK when my child was born.

I'm not sure what information the solicitor had to make that statement. Perhaps they weren't completely aware of the fact the the mother is not settled? Are they an immigration lawyer? The law has been pretty consistently applied in these type of cases.

Thank you very much for your reply ouflak1. I really appreciate it.

Yes the person I spoke to is a senior solicitor dealing with immigration matters. I have explained to him everything.

I would rather wait and go with the advise I got here and my understanding just in case.

Thanks a lot.

[quote="ouflak1"]Reply to them with your understanding of the British Nationality Act and how it applies to your child's situation. Specify the dates involved. Explain that this is why you have chosen to apply for your child's visa noting that the child normally acquires the status of the less priviledged parent. This information is all something they can easily verify with the documentation you've supplied and a brief look at the rules and policy guidance. That should suffice.


Do you think I can ask the case worker for his confirmation and in the same letter I write that if they cannot confirm then to proceed with the application as it is? I have to write to them today which is the deadline.

Thanks