Baby born in India

[ravikiran28]

Hi everyone,

My wife is pregnant and she has gone to India for the child birth and I will be joining her shortly. The baby is due in 2 weeks time. Both of us received ILR in September 2007 (we hold an Indian passport). I would like to understand the process for obtaining a visa/passport for the baby ie documentation needed etc. I would be grateful if someone can explain the procedure please.

Thanks in advance for your help,

Ravi

[batleykhan]

Why couldn't your wife just had her baby here in the UK?.

It would have saved you all the hassle of asking this question and getting the necessary paperwork to get her back to the UK.

[ravikiran28]

Hi batleykhan

Both of us do not have family in UK, so we thought that it is best to have the baby in India where our family is, so that we could get the necesary support.

I would appreciate if you can explain the process for obtaining a visa/passport for the baby.

Thanks,

Ravi

[batleykhan]

What is your status in the UK?. What visa did you come on?. How long have you lived here?. Are any of you British citizens?

[Directive/2004/38/EC]

My wife is pregnant and she has gone to India for the child birth and I will be joining her shortly. The baby is due in 2 weeks time. Both of us received ILR in September 2007 (we hold an Indian passport).

Note for reference, in case you have other children:
If you have ILR, then any children born in the UK will be immediately and automatically British citizens (and so require no visa).

Good luck with the new child!

[batleykhan]

Note for reference, in case you have other children:
If you have ILR, then any children born in the UK will be immediately and automatically British citizens (and so require no visa).

Good luck with the new child!

This still doesnt answer his above question. His child was born in India. Both have ILR but neither are British citizens. So how does he and his wife bring back the child to the UK.

Will he need to obtain visa from India?. I think so as a dependent child.
It would have been more easier to have had it here, at least it will save the whole rigmour all, of getting the above.

What do you think?. Am I correct or not?

[Directive/2004/38/EC]

I was not trying to answer the original question, because I do not know much about UK visa law. Just, as I said, pointing out a benefit of having future children in the UK.

But I strongly suspect the child would require a visa in order to move to the UK. I do not know which visa.

[pdykid]

RaviKiran,

Mail to this id you may receive official response.

Chennai.VisaEnquiry@fco.gov.uk

and all the Best...

[batleykhan]

You will need to obtain entry clearance for your child in India before you can bring them back with you providing you meet these conditions.

14.3 - Children of parent(s) or a relative settled (or to be admitted for settlement) in the United Kingdom and how they qualify: Rules Paragraph 297
To qualify for indefinite leave to enter the United Kingdom the child must satisfy the ECO that he/she is seeking to accompany or join a parent, parents or a relative under one of the following circumstances:

* both parents are settled in the UK;
* both parents are to be admitted for settlement on the same occasion as the child;
* one parent is settled and the other is to be admitted for settlement on the same occasion as the child;
* one parent is dead and the other is settled/to be admitted for settlement;
* one parent has sole responsibility for the child's up-bringing and is settled/to be admitted for settlement;
* one parent or a relative other than a parent is settled/to be admitted for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable, and suitable arrangements have been made for the child's care.

In addition the parent(s) or relative must show that the child:

1. is under the age of 18;
2. is not leading an independent life, is not married and has not formed an independent family unit;
3. can and will be accommodated adequately by the parent(s) or relative the child is joining without recourse to public funds in accommodation which the parent(s) or relative owns or occupies exclusively;
4. can and will be maintained adequately by the same parent(s) or relative without recourse to public funds.

Endorsements
Entry clearances issued to children in this category should be endorsed as one of the following (as appropriate):
'SETTLEMENT TO JOIN FATHER/MOTHER/PARENTS'[quote]

The procedure for this would be as you probaly did when you first came into the UK. Apply in India, provide the necessary documents and pay the apropiate fee. I dont know how long the waiting time is going to be , but I dont think it will be like the normal wait.

In future my advice to you is to do what above OP has stated. It is much easier

[ravikiran28]

Thank you all for your guidance.

In response to Batleykhan's queries :
I arrived in UK for the first time in Jun 2000, I arrived as a dependant initially and then changed to a work visa. My wife came to Uk in June 2004 as a dependent. Both of us are settled in UK and both of us received ILR in Sep 2007. We are Indian citizens.

Thanks

Ravi