Immigrationboards.com

Hi,

We lived in UK for 10 years and had ILR. We moved out of UK and have lived in India for last 2.5 years. I have now got a job in UK and we are applying for returning residents visa.

My son(age 6 years) was born in UK when we had ILR. But at that time, we chose to get Indian passport and we got his ILR too.

Now, when we apply for returning residents visa, should we apply for returning resident visa (or) apply for British passport directly for my son.

If we are applying for returning resident visa for my son too,

- Are there any chance of refusing it based on the fact that he was automatically a British citizen by birth, as he was born when we had ILR.

If we are applying for British passport for my son

1) Is it possible to renounce Indian passport and apply for British passport from India itself?
2) How long is the process to get British passport from India?

We are confused which route to chose for him. Any pros/cons on the above options?

Thanks,
Ravi.

What strong ties to the UK do you have to qualify for a returning resident visa?

You do realise that ilr is lost if you leave the UK for 2 or more years?

raviskar wrote: ↑

Wed Feb 03, 2021 8:39 pm

If we are applying for returning resident visa for my son too,

- Are there any chance of refusing it based on the fact that he was automatically a British citizen by birth, as he was born when we had ILR

If he was born in the UK after either one parent got ILR, then yes, the child is a British citizen automatically and can not apply for any visa to come to the UK.

raviskar wrote: ↑

Wed Feb 03, 2021 8:39 pm

If we are applying for British passport for my son

1) Is it possible to renounce Indian passport and apply for British passport from India itself?
2) How long is the process to get British passport from India?

Can take six months to a year, though the fact that he was born in the UK will help simplify matters.

A CoE-RoA is an alternative as he has an Indian passport. That typically takes between six and sixteen weeks.

EDIT: Just to add further to the post above, a child who is born a dual foreign/Indian citizen (such as a child born in the UK to Indian parents with ILR) can continue to hold both citizenships (but not passports) till the age of 18, provided they never acquire a non-Indian passport.

A CoE-RoA in an Indian passport allows the child to retain both citizenships till their 18th birthday (when they must make an appropriate declaration to the Indian authorities as to whether they wish to retain their Indian citizenship or their foreign citizenship).

Thanks for your response and pointer to certificate of right to abode. If we get this certificate, is he allowed to travel to UK with Indian passport and the certificate stamped on it?

raviskar wrote: ↑

Thu Feb 04, 2021 10:10 am

If we get this certificate, is he allowed to travel to UK with Indian passport and the certificate stamped on it?

Yes. That is its whole raison d'etre.

However, he won't be able to get visa-free access to other countries or consular assistance from British diplomatic services abroad without a British passport. The CoE-RoA will only be recognised by British authorities for the purpose of living in the UK.

Ok, thanks for your response. We have decided to apply COE as advised above.

Did you get refund for an inappropriate ILR application?