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Child right to Travel while waiting for BC?
Posted: Sun Aug 13, 2017 9:25 am
by seasky
I received my ILR a few months ago. I did not apply for ILR for my Child.
After my ILR applied for BC for my British born Child at NCS. At the time his T1 dependent was still in force and has now lapsed.
Unlike all my previous visas they did not take his passports. Does he have the right to travel in this interim? What documents do I need to show immigration officer?
Re: Child right to Travel while waiting for BC?
Posted: Sun Aug 13, 2017 12:15 pm
by CR001
Without a valid visa, how would the child re-enter the UK or board a flight back?
Re: Child right to Travel while waiting for BC?
Posted: Sun Aug 13, 2017 2:51 pm
by seasky
CR001 wrote:Without a valid visa, how would the child re-enter the UK or board a flight back?
USA PP. No issues arriving at border. It is what will happen at border that is an issue. Does Child "in process of BC" have right to enter?
Re: Child right to Travel while waiting for BC?
Posted: Sun Aug 13, 2017 8:01 pm
by CR001
You should know that an 'in process' application status does not give you automatic rights in the UK, such an applicaton could still possibly be refused.
Expect questions from IO though.
If child is admitted as a visitor and stamp as such, you will have to abide by the visitor rules, i.e. no NHS for free etc.
Re: Child right to Travel while waiting for BC?
Posted: Sun Aug 13, 2017 10:42 pm
by seasky
CR001 wrote:You should know that an 'in process' application status does not give you automatic rights in the UK, such an applicaton could still possibly be refused.
Expect questions from IO though.
If child is admitted as a visitor and stamp as such, you will have to abide by the visitor rules, i.e. no NHS for free etc.
I am asking for more specific info. Is BC like visa with 3C (which explicitly lapses upon leaving UK) I think not, but don't know what their status is.
What is his status in UK now? And more explicitly is there a rule he cannot travel
Re: Child right to Travel while waiting for BC?
Posted: Mon Aug 14, 2017 8:30 am
by CR001
Is BC like visa with 3C (which explicitly lapses upon leaving UK) I think not
No it has nothing to do with Section 3C of the Immigration Rules. Citizenship falls under the Nationality LAWS.
but don't know what their status is. What is his status in UK now?
If they have no valid visa, they have no status. Being born in the UK gives an entitlement to register as British, but they are only British once the certificate is approved/issued.
And more explicitly is there a rule he cannot travel
No such rule. It is the re-entry that might be the issue as already answered. Might be worthwhile postponing travel.
Re: Child right to Travel while waiting for BC?
Posted: Mon Aug 14, 2017 4:29 pm
by seasky
CR001 wrote:
And more explicitly is there a rule he cannot travel
No such rule. It is the re-entry that might be the issue as already answered. Might be worthwhile postponing travel.
If there is no rule that disallows travel, under what authorisation could IO deny -normal- entry?
(sure IOs have discretionary powers but that goes for any visa holder too)
Re: Child right to Travel while waiting for BC?
Posted: Mon Aug 14, 2017 4:32 pm
by CR001
When people have submitted an application and travel, they usually have either a) ILR and their BRP or b) a valid visa and their BRP.
The child has neither.
Will need to enter as a tourist and tourist conditions will apply.