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Right of Abode!
Posted: Mon Aug 26, 2024 5:45 am
by gaatri
Hi Senior Members,
We need your help in understanding the present immigration status of our situation.
We recently got a baby born outside UK for a British father and ILR mother.
ILR-hold Mother has been outside UK more than 2 years by 17 th October2024.
Questions:
1. Can we apply direct British passport to baby from India.
2. A friend of mine told we need to apply for right of abode . is that filling MN1 form?
3. How long does right of abode application take when you apply from India.
4.If we can apply British passport to baby , what are the timelines.
5. Just to avoid the loss of ILR status, Mother is thinking to travel before 17th Oct and comes back to India in couple of days. Does it have any issue doing so?
your answers will really help us to make our decisions.
Kind regards,
Vamsi.
Re: Right of Abode!
Posted: Mon Aug 26, 2024 6:06 am
by meself2
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
We recently got a baby born outside UK for a British father and ILR mother.
How did father acquire his citizenship?
I assume it was not by descent (via naturalisation, for example) and will base my statements on that. If it's not the case, they won't be relevant.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
Can we apply direct British passport to baby from India.
Yes, but that may take a few months/a year or more.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
A friend of mine told we need to apply for right of abode . is that filling MN1 form
No. Look up CoE-RoA. It's affixed to a page of existing (I assume Indian) passport.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
How long does right of abode application take when you apply from India.
People on forums report it to be faster than a passport.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
.If we can apply British passport to baby , what are the timelines.
See above.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
Just to avoid the loss of ILR status, Mother is thinking to travel before 17th Oct and comes back to India in couple of days. Does it have any issue doing so?
This I don't know - other members will clarify.
Re: Right of Abode!
Posted: Mon Aug 26, 2024 8:15 am
by contorted_svy
Questions about ILR should be asked in the appropriate subforum. From my knowledge, it is not enough to just come back for a few days to maintain the status though, one needs to show that the intention is to come back and live in the UK. If the HO realises you are just trying to keep your ILR active like this, the status may be lost.
Re: Right of Abode!
Posted: Mon Aug 26, 2024 4:42 pm
by PariJ
Hi,
Re your question 3 - It took 6 months to get CoE - RoA for our child (applied from India, in 2021).
Regards
Re: Right of Abode!
Posted: Mon Aug 26, 2024 5:06 pm
by gaatri
meself2 wrote: ↑Mon Aug 26, 2024 6:06 am
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
We recently got a baby born outside UK for a British father and ILR mother.
How did father acquire his citizenship?
I assume it was not by descent (via naturalisation, for example) and will base my statements on that. If it's not the case, they won't be relevant.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
Yes, her father has got the British Citizenship through Naturalisation.
Can we apply direct British passport to baby from India.
Yes, but that may take a few months/a year or more.
Ok thanks for letting me know.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
A friend of mine told we need to apply for right of abode . is that filling MN1 form
No. Look up CoE-RoA. It's affixed to a page of existing (I assume Indian) passport.
ok thanks
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
How long does right of abode application take when you apply from India.
People on forums report it to be faster than a passport.
Ok I got the same information from my source as it only took 3 weeks.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
.If we can apply British passport to baby , what are the timelines.
See above.
gaatri wrote: ↑Mon Aug 26, 2024 5:45 am
Just to avoid the loss of ILR status, Mother is thinking to travel before 17th Oct and comes back to India in couple of days. Does it have any issue doing so?
This I don't know - other members will clarify.
Re: Right of Abode!
Posted: Mon Aug 26, 2024 5:10 pm
by gaatri
contorted_svy wrote: ↑Mon Aug 26, 2024 8:15 am
Questions about ILR should be asked in the appropriate subforum. From my knowledge, it is not enough to just come back for a few days to maintain the status though, one needs to show that the intention is to come back and live in the UK. If the HO realises you are just trying to keep your ILR active like this, the status may be lost.
Provided if baby gets the RoA within before 17 th Oct 2024, we would not go this route. But if it gets delayed we have no other option and we cant reset the ILR again.
Re: Right of Abode!
Posted: Mon Aug 26, 2024 5:49 pm
by contorted_svy
Your plans are yours alone, all I am saying is your wife's ILR may come under scrutiny.
New Born Visa outside UK!
Posted: Sun Feb 16, 2025 4:30 pm
by gaatri
Hi All,
Thanks for this forum as we got most of the information from the members.
In that context , I would like to know what are the steps I need to do for the below:
Mother on ILR , Father holding British Passport, Child born in India July 2024 and currently got Indian Passport.
what application to submit for the child now in order to enter UK.
How long the application take to process ?
What are the documents to submit?
Many thanks
Kind regards
Vam
Re: New Born Visa outside UK!
Posted: Sun Feb 16, 2025 5:27 pm
by CR001
Topics merged.
You were already given advice last year when you asked.
The baby is automatically British by descent if born abroad to a British parent. A British citizen can't apply for a visa.
Re: New Born Visa outside UK!
Posted: Mon Feb 17, 2025 9:19 am
by gaatri
Hi ,
Thanks for the reply.
Question :If your application is successful, you will be granted a visa to enter the UK. The visa will only be valid for entry to the UK for 90 days. If your visa expires before you travel to the UK, you will have to apply for a replacement visa.
Does this apply to CoE-RoA as well?
Regards
Vam
Re: New Born Visa outside UK!
Posted: Mon Feb 17, 2025 9:34 am
by contorted_svy
A visa is not a CoE-ROA.
Re: New Born Visa outside UK!
Posted: Mon Feb 17, 2025 10:16 am
by CR001
gaatri wrote: ↑Mon Feb 17, 2025 9:19 am
Hi ,
Thanks for the reply.
Question :
If your application is successful, you will be granted a visa to enter the UK. The visa will only be valid for entry to the UK for 90 days. If your visa expires before you travel to the UK, you will have to apply for a replacement visa.
Does this apply to CoE-RoA as well?
Regards
Vam
Coe roa is valid for the duration of the validity of the foreign passport. It will expire on the same date as the foreign passport.
Coe roa is NOT a visa.
Re: New Born Visa outside UK!
Posted: Mon Feb 17, 2025 10:49 am
by gaatri
Hi ,
I need help for the below questions please.
Do you have any family in your country of birth, nationality or any other country where you have lived for more than 5 years?
What would you write here as this application for my 7 months child born outside uk for a british father.
Do you have any friends in your country of birth, nationality or any other country where you have lived for more than 5 years?
What would you write here as this application for my 7 months child born outside uk for a british father.
Are you part of any social groups or do you have other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?
What would you write here as this application for my 7 months child born outside uk for a british father.
Re: New Born Visa outside UK!
Posted: Mon Feb 17, 2025 10:52 am
by contorted_svy
Explain that child is seven months old and where the family lives.