child born in the UK with ILR

sajidmahmood · Post by **sajidmahmood** » Fri Dec 07, 2007 11:55 am

hi,

my sister has ILR and she gave birth to a child two months ago. Can the child apply for britihs passport? If so If the child goes and live in pakistan for 6 or more years will she be allowed in the UK without appling for EC?

Father of the child lives in pakistan and his never visited the UK.

thanks

jes2jes · Post by **jes2jes** » Fri Dec 07, 2007 12:12 pm

sajidmahmood wrote:hi,

my sister has ILR and she gave birth to a child two months ago. Can the child apply for britihs passport? If so If the child goes and live in pakistan for 6 or more years will she be allowed in the UK without appling for EC?

Father of the child lives in pakistan and his never visited the UK.

thanks

Answer to both questions are yes. Child would be allowed back in the UK assuming she left the UK with a British passport, if otherwise, she would have to apply for one overseas before entering after 6 years!

ismangil · Post by **ismangil** » Sat Dec 08, 2007 10:46 pm

Careful consideration about Pakistani citizenship law.

Does it allow dual citizenship? If not then the child will be British Citizen only.

Then comes in Pakistani immigration law. Do they allow British citizens to stay there for 6 or more years? Under what category?

jazbaati99 · Post by **jazbaati99** » Sat Dec 08, 2007 11:03 pm

Yes, Pakistan allows dual / multiple citizenship(s). There are multiple options for the child, either get her a Pakistani passport and travel to Pakistan on that or apply for a NICOP card. The first option will be lot quicker than the second one.

Post by **vinny** » Sun Dec 09, 2007 12:51 am

See also Pakistan Citizenship (Dual Nationality).

An alternative to a British passport may be applying for a Certificate of Entitlement to the Right of Abode for the child's Pakistan's passport.

However, applying for both British and Pakistan passports may be the best option.

See also Birth to five: 2007 edition

sajidmahmood · Post by **sajidmahmood** » Sun Dec 09, 2007 10:05 am

Thanks for your valuable advice.

Father,Mother and daugheter all are Afghan Nationals. Father lives in pakistan illegally like so many others! Mother will overstay her pakistani visa because she doesn't have plans of coming back to UK. What can the Child do to live legally in Pakistan for more then 3 months i.e 6 years.

thanks

Post by **JAJ** » Sun Dec 09, 2007 4:53 pm

Why on earth would someone abandon U.K. ILR to live illegally in Pakistan?

sajidmahmood · Post by **sajidmahmood** » Sun Dec 09, 2007 7:22 pm

Husband was recently refused visa to UK as sponsor is unemployed. ECO considerd application under Article 8 of the Human right Act 1998 and said this:

I can find no clear reason that could prevent your sponsor from relocating to Pakistan to enjoy life or continuing to visit you here. Whilst I accept that this decision constitutes limited interference with article 8, this is a qualified right and I am satisfied that the decision is justified and proportionnate in the interests of maintaining an effective immigration Control.

tasha75 · Post by **tasha75** » Sun Dec 09, 2007 11:41 pm

sajidmahmood wrote:Mother will overstay her pakistani visa because she doesn't have plans of coming back to UK.

Then I believe the mother will lose her ILR if she stays over 2 years out of the UK.

tasha75 · Post by **tasha75** » Sun Dec 09, 2007 11:44 pm

sajidmahmood wrote:Husband was recently refused visa to UK as sponsor is unemployed.

So instead of finding a job in UK and bringing her husband over here, the whole family would rather be illegal in Pakistan? Is it for real?

sajidmahmood · Post by **sajidmahmood** » Mon Dec 10, 2007 9:45 am

Husband is having some health problems at the moment so can't wait until the appeal is heard so they decided to move back to pakistan. Wife doesn't understand english at all and would want to work with female workers and we couldn't find such a job.

VictoriaS · Post by **VictoriaS** » Mon Dec 10, 2007 1:35 pm

That decision really should have been appealed. There is no way the Home Office can expect them to live illegally in Pakistan!!!

Victoria

thirdwave · Post by **thirdwave** » Mon Dec 10, 2007 3:17 pm

sajidmahmood wrote:Husband is having some health problems at the moment so can't wait until the appeal is heard so they decided to move back to pakistan. Wife doesn't understand english at all and would want to work with female workers and we couldn't find such a job.

And to think that she has ILR..I think this case clearly illustrates everything thats gone wrong with immigration and social cohesion in this country..

sakura · Post by **sakura** » Tue Dec 11, 2007 11:04 am

thirdwave wrote:
sajidmahmood wrote:Husband is having some health problems at the moment so can't wait until the appeal is heard so they decided to move back to pakistan. Wife doesn't understand english at all and would want to work with female workers and we couldn't find such a job.
And to think that she has ILR..I think this case clearly illustrates everything thats gone wrong with immigration and social cohesion in this country..

I assume she obtained ILR before the rules were changed; but she certainly cannot apply for naturalisation if she speaks such limited English.

Which would have made everything much better, as she would not risk losing UK her residency rights.

VictoriaS · Post by **VictoriaS** » Tue Dec 11, 2007 12:25 pm

She can naturalise if she takes the ESOL + Citizenship classes.

Victoria

sakura · Post by **sakura** » Tue Dec 11, 2007 8:20 pm

VictoriaS wrote:She can naturalise if she takes the ESOL + Citizenship classes.

Victoria

Yep. But she'd have to take those steps before leaving for Pakistan....which would take at least 6 months if he is telling us that she "doesn't understand english at all"...

Speaking of the classes...what level in relation to IELTS or TOEFL are these classes, and what level does one need to apply for naturalisation?

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child born in the UK with ILR

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child born in the UK with ILR