Kids citizenship-born in the UK & outside the UK-help pl

[sachin65]

Dear all

I came across this very useful forum for people like me. I would be very thankful if anyone could go through my unusal case and advice me.

I came to the UK in 2002 as a student and my husband came here in 2004 as (my) student dependent. Our son was born in the UK in 2005. Later my husband got Hsmp visa in Nov. 2006. Then I became his dependent in 2007. He comes under prior to Nov 6th 2006 legitimate expectation rules and he got his extension for 3 years in Nov 2008 without any problem. My daughter was born in 2009 in India. I came back to the UK after 6 m maternity leave. If everything goes well we both will get ILR in Nov 2011 and citizenship in Nov. 2012 (if he comes under old rules). Please correct me if I am assuming wrong.

I would like to ask for your expert advice on the following:

1. My son was born in the UK and as we both don't have ILR we applied for Indian passport. We took him from the UK to India when he was 4 months old and he is in India with my parents since then.
2. My daughter was born in India and obviously will be on Indian passport. She is also with my parents in India.

We are planning to apply HSMP dependent visa to our son and bring him in 2010 April so that he can go to school from Sept 2010. Also want to bring our daughter in August 2011 so that we all can apply for ILR together.

Can we do so?

1. If me and my husband get ILR in Nov. 2011 can my kids also get ILR with us. Can we all apply together.

2. Assuming me and my husband gets ILR in Nov 2011, I read in this forum that my son can get British passport straight away as he was born here. Am I right? Does this hold good for my son as well as he was born here when I was on student visa.

3. What will be my daughter's situation. After we get ILR will she get as well. As she was not born in the UK does she need to live in the UK for 3 years before she can apply for british citizenship as someone told me. Assuming if me amd my husband apply for British passport in 2012 Nov. can she also get british passport with us.

Many thanks for reading my post in advance.

Thank you very much. Your advice is much appreciated.

Many thanks,
Sachin.

[vinny]

1. Yes, if they are in the UK as your dependants.
2. Yes.
3. Yes.

[sachin65]

Dear Vinny,

Thank you very much for your immediate reply.

So my daughter will also get British passport in 2012 Nov. when my husband get even if she hasnot lived for 3 years in the UK and born outside the UK. Just want to confirm as I was told living 3yrs in the UK is mandatory by others.

Also can we assume that my husband comes under the old rules for both ILR and British citizenship as he comes under prior to Nov. 2006 HSMP rules. Worried as they are changing rules from July 2011 and we are due to apply ILR in Nov 2011 and citizenship in Nov 2012.

If you could kindly clarrify this as well we could live in peace till then.

Once again thank you very much.

Regards,
Sachin.

[vinny]

You're right.

Your husband may be applying for probationary citizenship instead of ILR. I'm not exactly sure how much he will be effected.