Visa for child born in IND-Father (ILR)/Mother (Settlement)

[Deejo89]

Hi,
I currently hold UK ILR valid until 2024 acquired via Tier-2 ICT. My wife is having UK Settlement Visa valid from Jan 2015 to Jul 2017. We had our kid born in India on Jul 2015.

Since my wife already holds a visa, now I need to apply visa for my child alone from India.

Please let me know which form I should fill because I can't find any form that relates content relevant for a child.

Also please confirm whether TB test is required for baby (8-9 months old).

Thanks in advance!

[CR001]

Same visa as your wife on form VAF4A - child settlement visa. Immigration health surcharge will likely be payable too.

Not sure about TB test, although recently there was a refusal due to this not being submitted.

Child would have been automatically British if born in the UK if you had ILR at the time of birth.

[thedazzzzler]

Same visa as your wife on form VAF4A - child settlement visa. Immigration health surcharge will likely be payable too.

Not sure about TB test, although recently there was a refusal due to this not being submitted.

Child would have been automatically British if born in the UK if you had ILR at the time of birth.

Thank ou @CR001. I have an ILR via Tier 1 and valid till 2024 and my wife has an dependent visa till 2017. I think from your explantion, it is clear that i cannot apply for a british passport for my son who was born in december. I checked the VAF4A form and its really confusing. The only option i have in there for my child is

"As the child of a parent who is applying for entry clearance
as a partner or the child who is applying to join their parent
who is already in the UK and has been granted limited leave
as partner granted under the Immigration Rules in force on
09 July 2012."

My wife got her first limited leave in DEC 2012.. So, not sure if i can use this form. Is there any other form ?

Also, on a second note, i checked the IHS charge and its is shooting up to 1800 pounds when i enter my ILR's expiry date and 400 when i enter my wife's which one should i refer and what form do i have to fill

Thanks a lot for your help in advance

[vinny]

I have an ILR via Tier 1 and valid till 2024 and my wife has an dependent visa till 2017.

If your wife had not switched to being a partner of a settled person, then child may apply as a PBS dependant, in line with wife's, unless you were granted ILR under Long residence.

[Deejo89]

Same visa as your wife on form VAF4A - child settlement visa. Immigration health surcharge will likely be payable too.

Not sure about TB test, although recently there was a refusal due to this not being submitted.

Child would have been automatically British if born in the UK if you had ILR at the time of birth.

Thanks CR001 for your quick response!

If my kid gets SETTLEMENT VISA like my wife, does he need to wait for 5 yrs to get ILR and then UK naturalisation? (or) if I get my British Passport, he can directly apply for UK Naturalisation once he is here in UK?

[secret.simon]

Thanks CR001 for your quick response!

If my kid gets SETTLEMENT VISA like my wife, does he need to wait for 5 yrs to get ILR and then UK naturalisation? (or) if I get my British Passport, he can directly apply for UK Naturalisation once he is here in UK?

The child's status will follow that of his mother (as less-privileged parent) and the childcan apply to register at discretion under Section 3(1) as a British citizen when the mother (as second parent to get citizenship) gets naturalised.

All this would have been avoided if the child was born in the UK.

[Deejo89]

Thanks for your reply!

I am re-iterating my question to make sure my understanding is correct.

Suppose if my wife gets UK ILR after 5 years and she doesn't want to get naturalised as British Citizen, my kid will not be able to get naturalised. i.e. father will be British Citizen & mother will be in UK ILR status. Child would have completed 5 years as dependent to father.

Is this correct?

Please reply, thanks!

[vinny]

Mother should include child in her ILR application. After their ILR applications are granted, child may register for British citizenship with or after your naturalisation.

[Deejo89]

Thanks Vinny!

In my scenario, I was in ILR status when my kids were born in India. Now I am a British Citizen.

Also, my kids will complete 5 years before my wife does. So,

[*]Can't they directly REGISTER for British Citizen using some Section 3(1) or something? i.e. without having to apply for ILR and then naturalisation? [Trying to know whether I have to pay the ILR fee as well for kids]

[*]If moving to ILR is mandatory for them, can't they move to ILR before my wife does? Because they will complete 5 years before her. She lost 1 year of her Settlement Visa time in India.

Wife Settlement visa valid from Jan 2014 to July 2017. But she hasn't travelled even once to UK till date.
Child Settlement visa we are planning to get by Aug 2016.

Thanks!

[vinny]

Unfortunately, there are no provisions under these circumstances for child to apply for ILR before mother. Registration without ILR may fail.

[Deejo89]

Thanks again Vinny!

I read through the link you shared.

In my case, I was in ILR when my kids were born last year. They will be 11 months old when they land in UK.So, after they spend 2-3 yrs (or) even after 5 yrs when they are 6 years old, will it be risky to apply for registration as UK citizen directly rather than taking an ILR & naturalisation? i.e. father as UK citizen, mother as ILR and 6 years old kids having been in UK for 5 yrs.

Sorry to keep bothering you. Probably, my last question in this regard.

[secret.simon]

Registration (not naturalisation) for children born abroad is at the discretion of the Home Office. As such, rules in this area are liable to change at very short notice.

The current factors that are considered for registration by the Home Office are listed on Pages 13-14 of the Guide MN1.

PS: "be free of any restrictions on his or her stay in the UK" means to have ILR status.