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Child born abroad to a naturalised British citizen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Sukujobo
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Posts: 29
Joined: Sun Sep 04, 2016 11:28 pm

Child born abroad to a naturalised British citizen

Post by Sukujobo » Thu Dec 10, 2020 3:43 am

Hello,

My child was born in India in Feb 2019 and I became a naturalised British citizen in March 2019, i.e. one month after my child’s birth. My daughter now holds an Indian passport but I’m planning to bring her to the UK to live with me, so my questions are:

1. What is the correct route for her to enter the UK?
1a. Apply by post to register child under 18 as a British citizen (form MN1) from India
(https://www.gov.uk/government/publicati ... n-form-mn1)
1b. Or Apply from India for a family visa as a child
(https://www.gov.uk/uk-family-visa/child)

2. Are there any ways to bring her to the UK before completing her citizenship formalities? What’s the quickest possible way to complete the process so she can be in the UK at the earliest?

Can you help me find answers to these questions please?
Many thanks in advance.

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child born abroad to a naturalised British citizen

Post by secret.simon » Thu Dec 10, 2020 6:17 am

As the child was born before you became a British citizen, the child should apply for the same visa as the other parent.

The child will follow the same immigration pathway as the other parent and will be eligible to register as a British citizen when both the child and other parent acquire ILR.
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.

Sukujobo
Newly Registered
Posts: 29
Joined: Sun Sep 04, 2016 11:28 pm

Re: Child born abroad to a naturalised British citizen

Post by Sukujobo » Thu Dec 10, 2020 10:17 am

@secret.simon, thank you for your response.

My spouse previously had ILR and due to the pandemic has exceeded the 2 years limit for staying away from the UK. She herself is going through the returning resident visa process, so the follow-up questions are:
1. Should I wait for my spouse to receive the returning resident visa before I apply for a visa for my child, in which case, what visa should I apply for?
2. Can I apply for my child’s visa, independent of my spouse’s residency status, just based on my British citizenship? And what visa type would that be?

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child born abroad to a naturalised British citizen

Post by secret.simon » Thu Dec 10, 2020 10:22 am

Sukujobo wrote:
Thu Dec 10, 2020 10:17 am
1. Should I wait for my spouse to receive the returning resident visa before I apply for a visa for my child, in which case, what visa should I apply for?
If your spouse does get the Returning Resident visa, the child can then apply for ILE (Indefinite Leave to Enter); i.e. the same status as the other parent.
Sukujobo wrote:
Thu Dec 10, 2020 10:17 am
2. Can I apply for my child’s visa, independent of my spouse’s residency status, just based on my British citizenship?
Generally no. To apply solely for the child, without the other parent, you would likely need to prove sole responsibility for the child, generally by means of a court order of custody, etc (which in most countries is granted only after a divorce).

If you are married, the child needs to follow the same immigration pathway as the other parent.
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.

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