Returning Resident + Dependent Child

[Sukujobo]

***I tried posting supplementary questions on my earlier post but the thread is locked so asking all questions here again to give full context ***

My wife, an Indian national had held Indefinite Leave to Remain (ILR) from March to August 2018, but travelled to India during her pregnancy in August 2018 and has been unable to return to the UK until now due to complications with her pregnancy and the Covid-19 situation.

I acquired my British citizenship in March 2019 through naturalisation, a month after my daughter was born (i.e. she was born in Feb 2019).

As it has been more than 3 years since my wife has been outside of the UK and as she previously held ILR, I have the below questions:
1. My wife is apply for a returning resident visa, based on UKVI website and suggestions made on this forum some time ago. Please correct me if this is the wrong category of visa to apply.
2. There was no option to include dependent child whilst filling up the returning resident visa application online for my wife. Can my child's application be made along with my wife's applications, i.e. can we make both applications simultaneously?
3. What visa type or category should my child, who is 3 years old, be applying for?
4. What is the process for my child to get her UK passport once she is in the UK?

My child depends Solely on me for her financial needs and so does my wife. I have maintained strong relationship with my wife and child by means of online communications and by spending close to 1.5 years with them in India in the last 3 years.

Please can you advise me on the right visa categories for my wife and child, so they can join me here in the UK?

[vinny]

Returning resident visa is correct. However, child’s application depends on the outcome and probably should wait until definite. Child may apply to accompany her, either under Part 8 or Appendix FM, depending on mother’s status.

[secret.simon]

4. What is the process for my child to get her UK passport once she is in the UK?

As the child was born abroad before your naturalisation ceremony, the advice in this thread stands.

Once the child is in the UK on an ILE/ILR visa, the can be registered as a British citizen on Form MN1.

Once the registration certificate has been received, you can apply for a UK passport.

[Sukujobo]

4. What is the process for my child to get her UK passport once she is in the UK?

As the child was born abroad before your naturalisation ceremony, the advice in this thread stands.

Once the child is in the UK on an ILE/ILR visa, the can be registered as a British citizen on Form MN1.

Once the registration certificate has been received, you can apply for a UK passport.

Thank you for your response.

[Sukujobo]

Returning resident visa is correct. However, child’s application depends on the outcome and probably should wait until definite. Child may apply to accompany her, either under Part 8 or Appendix FM, depending on mother’s status.

Thank you for your response.

My concern is that if I apply for my child's Indefinite Leave to Enter - ILE, after my wife receives her Returning Resident Visa (assuming that my wife is granted the RR visa) and for whatever reasons my child's ILE is delayed, then the period of 1 month on the Returning Resident Vignette might expire before they complete their journey.

So, what happens in that case? Will my wife be allowed to travel on RR Vignette that is expired? And will my child and wife be able to travel together?

Thank you Vinny and Simon in helping me untangle this mess.

[Sukujobo]

Returning resident visa is correct. However, child’s application depends on the outcome and probably should wait until definite. Child may apply to accompany her, either under Part 8 or Appendix FM, depending on mother’s status.

Hi,

@vinny, @Simon,

My wife's Returning Resident application has been successful.

Now, I am applying for my child (under 18) to join me. My wife and child will be traveling together.

My Question: Is this the correct category of application for my child?

https://www.gov.uk/uk-family-visa/child ... separately

Please could you let me know?

Out of Topic Question: This forum has been very helpful for me, and I would like to make some contribution/donation towards it, is this possible?

[vinny]

My Question: Is this the correct category of application for my child?

https://www.gov.uk/uk-family-visa/child ... separately

Yes.

[Sukujobo]

My Question: Is this the correct category of application for my child?

https://www.gov.uk/uk-family-visa/child ... separately

Yes.

TYPE OF VISA / APPLICATION: Non-British child of a parent granted or currently
applying for permission to enter and stay in the UK, as the parent of a child who is a British
citizen, settled in the UK, or in the UK with pre-settled status under the EU Settlement
Scheme.

[vinny]

I think

Non-British child of a parent, parents or relative who are British citizens or settled in the UK

[Sukujobo]

https://www.gov.uk/uk-family-visa/child ... separately

The above link takes me through to 4 logical options of which I am including the two relavent ones in my case:

Option 1:

1A. Non-British child of a parent who has permission to be in the UK as a partner or spouse of a British citizen or person settled in the UK granted permission under the Rules in place before 9 July 2012
1B. Non-British child of a parent, parents or relative who are British citizens or settled in the UK
1C. Non-British child of a relative who has limited leave in the UK as a refugee or receiving humanitarian protection
1D. Non-British adopted child or child for adoption in the UK of a parent or parents who are British citizens or settled in the UK.

Eligibility criteria to apply:

You can apply on this form if you are joining or accompanying a parent who was given permission to be in the UK before 9 July 2012 and is either:
• a British citizen
• settled in the UK
• has limited leave to enter or remain as a partner or parent
As part of your application you must also download, complete and provide the 'Appendix 1 (VAF4A July 2012)'. You will be told to submit this after you complete your application.
Read the guidance for more information.

Option 2:

Non-British child of a parent granted or currently applying for permission to enter and stay in the UK, as the parent of a child who is a British citizen, settled in the UK, or in the UK with pre-settled status under the EU Settlement Scheme.

Eligibility criteria to apply:

You can apply on this form if you are joining or accompanying a parent who is either:
• a British citizen
• settled in the UK
• currently applying for permission to be in the UK as a parent or partner or was given permission to be in the UK on or after 9 July 2012 as a parent or partner
As part of your application you must also download, complete and provide the 'Appendix 2 of VAF4A: financial requirements' form. You will be told to submit this after you complete your application.

[Sukujobo]

Of the above-mentioned choices, the most suitable ones in my case are: Option 1B or Option 2.

Here’s my reason, as to why I think option 2 could be more appropriate:

1. Although my wife and I were settled in the UK, but because she has been away from the country for over 2 years, she automatically lost her settled status (I think). As a result, we had to apply for a Returning Resident visa, the outcome of which has been successful and because my child will be accompanied by her, I think option 1 viz., ‘ Non-British child of a parent, parents or relative who are British citizens or settled in the UK’ is not applicable.’[This is my negative reason for not choosing this option]

2. As my wife (child’s mother) has been granted Returning Resident visa after the lapse of ILR, option 2 mentions: ‘Non-British child of a parent granted or currently applying for permission to enter and stay in the UK … ‘ [This is my positive reason for choosing this option]

3. In the course of this and the other thread that I had previously opened @Vinny you have mentioned that the Child will apply under the same category as mother, isn’t option 2 more relevant? As the mother has been granted permission to enter the UK as a Returning Resident?

I am totally confused!

To make matters worse this particular visa type costs: £1538!

Kindly advice.

[Sukujobo]

I think

Non-British child of a parent, parents or relative who are British citizens or settled in the UK

Your thoughts onn the above posts please.

[Sukujobo]

4. What is the process for my child to get her UK passport once she is in the UK?

As the child was born abroad before your naturalisation ceremony, the advice in this thread stands.

Once the child is in the UK on an ILE/ILR visa, the can be registered as a British citizen on Form MN1.

Once the registration certificate has been received, you can apply for a UK passport.

Your thoughts onn the above posts please.

[vinny]

I think

Non-British child of a parent, parents or relative who are British citizens or settled in the UK

Your thoughts onn the above posts please.

A returning resident has Indefinite Leave and is returning for settlement.

Child satisfies 297(i):

(a) both parents are present and settled in the United Kingdom; or
…
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

Hence, I believe this category is correct. They should also grant child ILE, in line with mother.

[vinny]

4. What is the process for my child to get her UK passport once she is in the UK?

As the child was born abroad before your naturalisation ceremony, the advice in this thread stands.

Once the child is in the UK on an ILE/ILR visa, the can be registered as a British citizen on Form MN1.

Once the registration certificate has been received, you can apply for a UK passport.

Your thoughts onn the above posts please.

Agree.

[Shafiq_1234]

Returning resident visa is correct. However, child’s application depends on the outcome and probably should wait until definite. Child may apply to accompany her, either under Part 8 or Appendix FM, depending on mother’s status.

Hi,

@vinny, @Simon,

My wife's Returning Resident application has been successful.

Now, I am applying for my child (under 18) to join me. My wife and child will be traveling together.

My Question: Is this the correct category of application for my child?

https://www.gov.uk/uk-family-visa/child ... separately

Please could you let me know?

Out of Topic Question: This forum has been very helpful for me, and I would like to make some contribution/donation towards it, is this possible?

Hi, Congrats on your wife's returning resident visa application. Can you please mention the list of documentation you included for your wife's application?. How long it took to get the visa? I am in a similar situation where my wife is India from the last 4 years (due to number of family deaths, covid infections, covid travel restrictions etc).

Many Thanks
Shafiq