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Visa for child born in India to ILR father

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MNB_26
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India

Visa for child born in India to ILR father

Post by MNB_26 » Wed Nov 18, 2015 9:32 am

Hi Guys,

My wife is expecting and the delivery date is in MAY 2015 and she is in india and currently on PBS -Tier 1 Dependent visa and I am on ILR since feb 2014 and was wondering do i need to apply child settlement visa or dependent visa and when would he be eligible for British citizenship.

Many Thanks ,
MNB

vinny
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Re: Visa for child born in India to ILR father

Post by vinny » Wed Nov 18, 2015 9:59 am

Baby may apply for entry clearance as a PBS dependant, in line with wife's.
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MNB_26
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Posts: 42
Joined: Mon Apr 14, 2014 2:27 pm
India

Re: Visa for child born in India to ILR father

Post by MNB_26 » Wed Nov 18, 2015 12:01 pm

Thanks for the reply @vinny

was wondering If i am Naturalised after my child is born in India will my child be British .

Thanks

secret.simon
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Re: Visa for child born in India to ILR father

Post by secret.simon » Wed Nov 18, 2015 12:37 pm

MNB_26 wrote:was wondering If i am Naturalised after my child is born in India will my child be British.
No. Naturalisation after birth has no effect on the citizenship of the child.

If the child is born before the date on your naturalisation certificate, it's visa status will be in line with the less-privileged parent.

If the child is born after the date on your naturalisation certificate, the child will be born a British citizen by descent and can apply for a British passport straightaway. Be aware that reports on these forums suggest that British passport applications from overseas, especially from the sub-continent, are taking between 6 months and a year. An alternate would be to apply for an Indian passport and then a CoE-RoA, the latter of which which can take between six and sixteen weeks.

While I am aware that it is customary in the subcontinent for the child to be born at the mother-to-be's family home, I would recommend that as the due date is in May 2016 (I presume that the original date given is wrong), that your wife travel back and give birth in the UK. A child born to a parent who holds ILR (in this case, you) is a British citizen (otherwise than by descent) automatically and can apply straightaway for a British passport, which is also faster to process in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

MNB_26
Newbie
Posts: 42
Joined: Mon Apr 14, 2014 2:27 pm
India

Re: Visa for child born in India to ILR father

Post by MNB_26 » Wed Nov 18, 2015 1:38 pm

Thanks Simon

The case is i got ILR in Feb 2015 and going to apply for Naturalisation in Mar 2016 and my wife's Tier -1 PBS dependent visa is valid untill 2018 March and she need to extend it for couple of years to qualify for her ILR
so was thinking is there any best route for my Childs application.

You guys are right ,i need to apply PBS dependent visa for my kid in line with my wife ( and was wondering does he need to wait another 5 years to qualify for his ILR) .

Many Thanks ,
MNB

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CR001
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Re: Visa for child born in India to ILR father

Post by CR001 » Wed Nov 18, 2015 1:53 pm

You guys are right ,i need to apply PBS dependent visa for my kid in line with my wife ( and was wondering does he need to wait another 5 years to qualify for his ILR) .
He should qualify for ILR at the same time as your spouse.
Char (CR001 not Casa)
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