Child born outside the UK to a British father

[Ali-Baba]

Hi all

I am new so bear with me. Need some advice on the situation I am facing,

I have British passport and living with my wife for last 7 years in the UK. My wife is still on a dependent visa. Because of personal and medical reasons, we decided our child be born in Pakistan so the family can take care of my wife throughout her pregnancy. Our daughter was born on 27-6-2018 and I tried to apply for my daughter's British passport, I was told that as she was born outside the UK, it would take 6 to 9 months (or even longer) before she gets the passport. so I decided to apply for dependent child visa so my daughter could come to the UK and then we will apply for the passport and not worry about the timeline.

the dependant visa has been refused mainly for two reasons,

1- Tuberculosis test: not a problem as I have now arranged it
2- Eligibility Relationship Requirement: refusal says "you have applied to join your sponsor, who you claim is your father, in the UK and I note that your named mother has valid leave to remain in the UK as a spouse. However, you have provided no evidence that you are related to your sponsor or accompanying adult as you claim. I, therefore, refuse your application under paragraph EC-C 1.1(d) of the appendix FM of the immigration rules ( E-ECC 1.6 (b) and (c).

I believe when we went for appointment in Pakistan (Fedex office, UKBA partner for visa processing) they did not take/include the birth certificate (or any papers) in the application bundle, which I assumed they did (or should have). I then sent all the other supporting documents (ie company accounts, bank statements, sponsor letter, accommodation etc) when I got back to the UK, a week after the application date.

Rather than appealing, I decided to make a fresh application. THE QUESTION IS WOULD THE BELOW DOCUMENTS BE SUFFICIENT,

Hospital discharge letter, hospital birther certificate and the birth registration with the local authority (also called official birther certificate required to Pakistan passport).


Sorry for the long story but thought I need to tell the facts to get the right advice.

Thanks in advance

[vinny]

A British citizen cannot be granted a visa.

Request a refund of the visa fees under

Other circumstances justifying a refund of fees

1.5.59 In addition to cases involving maladministration, there are other circumstances in which, as a matter of policy, where a refund will be appropriate, such as:

• An application is marked void or cannot be processed.
• An application for Leave to Remain or NTL by someone who is a British citizen or had the right of abode in the UK at the time of application.
• Where a postal or online application has been withdrawn within a short time of being made, and biometrics have not been enrolled i.e. before it has been entered onto the case working system (e.g. CID), or within 7 calendar days of the date of application, whichever is the earlier date.
• Where an applicant dies before the decision on their application is despatched.

(3.1.4, 4.8).

Apply for a CoE-RoA instead of a British passport.

[Ali-Baba]

Thanks, Vinny. My daughter has right of abort but as i said, i was told it will take over 9/10 months. Honestly, I am more interested in getting the visa this time so my daughter can live with me. She is our only child after years of prays.

Any opinion on supporting documents I an planning to submit??

Regards

[vinny]

A British citizen cannot be granted a visa.

[Ali-Baba]

Hi Vinny

I read through the threads and there were different/conflicting outcomes from applications. So rightly or wrongly, i applied for the second time hoping they will issue visa for my daughter but i got an email from the home office (case worker) today saying,

Thank you for your application for settlement in the UK.

From the information you have provided, I understand you were born after your father naturalised as a British citizen. It would therefore appear you have the right of abode in the UK. As such I am unable to assess a visa application for you as this would place restrictions on your right to enter, live and remain in the UK.

You should now either;

- Withdraw this application and apply for a British passport
- Confirm in writing that this application can be assessed as a Certificate of Entitlement to the Right of Abode

Please confirm which action you would like to take by replying to SheffieldDocsRequested.RestofWorld@fco.gov.uk in the next 10 days.

Would you be please comment on this and let me have your interpretation of the above email??

The way i am looking at it is,

i should ask them to assess my application as COE-ROA as i hope this will be quicker way??

Thanks

[Ali-Baba]

HI Guys

Anyone there??? NEED URGENT RESPONSE PLEASE

Thanks

!	Message from: Ali-Baba

[CR001]

1. Please do NOT tag your questions onto other members topics. Your post in the other members thread has been removed.

2. You cannot apply for a visa as your child is British already, as the links vinny has provided clearly state.

3. You should go for CoE/RoA if you want a quicker response than a British passport.

4. Note that we are all unpaid volunteers and the forum is not an 'on demand' service, members will post when and if they have time and have advice.

[Ali-Baba]

Hi CR001

Thanks for your reply and really appreciate you guys for voluntarily helping people like myself.

I will reply to home office and ask to consider my existing (child settlement) application as COE-ROA but do you think i should submit any more documents given that the case worker has not asked for any???

I have already submitted, Birth registration certificate, Birth certificate from hosp, wife hosp discharge summary, marriage certificate, whatsApp chat with lots of picture etc, along with all the relevant passports.

Also, would you know if settlement cases and COE-ROA cases are processed by the same department/office or different offices/teams

Once again thanks for your help

[CR001]

If you have not been asked for more documents, simply reply to the email stating what you want to apply for.

It is different departments as far as I am aware.

[Ali-Baba]

Thnaks CR001

[Ali-Baba]

Hi All

Just wanted to update you that we go COE-ROA approved on 25-1-2019 and received passport today.

Once again thanks for your help and directions.