Immigration status of the child born outside the UK

[kantg1]

Hi,

Many of my questions have been clarified in this site. However I still have some unanswered questions.

I am an Indian and my wife is British. We have been married for the past three years and we are living in India now. My question are

1)We are a expecting a child and we want to know what are the pros and cons of giving birth here in India rather than in the UK as regards to the future immigration status of our child in the UK.

2) I have a descent job here in India and we do not want to move to UK untill next April when we would be completing 4 years of marriage. I heard that I can apply for ILR directly from India upon completion of 4 years of marriage if marriage is still subsisting. But my question is we stayed together in UK for 6months in 2004, me on a spouse visa. Do I need to wait 4 years and 6 months from the date of our marriage or just 4 years. I dont mind waiting that extra 6 months but I really wanted to know if getting ILR after 4 years of mariage includes the number of months we stayed in the UK or excludes it.

Please advice so that we can plan accordingly.

Thanks in advance,
kantg

[JAJ]

Hi,

Many of my questions have been clarified in this site. However I still have some unanswered questions.

I am an Indian and my wife is British. We have been married for the past three years and we are living in India now. My question are

How did your wife obtain her British citizenship?

[ppron747]

Hi,

Many of my questions have been clarified in this site. However I still have some unanswered questions.

I am an Indian and my wife is British. We have been married for the past three years and we are living in India now. My question are

1)We are a expecting a child and we want to know what are the pros and cons of giving birth here in India rather than in the UK as regards to the future immigration status of our child in the UK.

You haven't indicated how your wife became British. If she was born in UK, then your forthcoming addition (congrats, incidentally!) will be a British citizen by descent if the birth takes place in India. British citizens by descent cannot transmit British nationality to a further generation born outside UK, so you might want to consider whether birth in the UK might be a better option. Children born in UK are British citizens otherwise than by descent if they have a British citizen parent, or a parent who is settled in UK.

Another factor you might like to consider is the experience of "British" - chronicled here, in trying to get his baby a British passport from the BHC n New Delhi. Reads like Kafka....

2) I have a descent job here in India and we do not want to move to UK untill next April when we would be completing 4 years of marriage. I heard that I can apply for ILR directly from India upon completion of 4 years of marriage if marriage is still subsisting. But my question is we stayed together in UK for 6months in 2004, me on a spouse visa. Do I need to wait 4 years and 6 months from the date of our marriage or just 4 years. I dont mind waiting that extra 6 months but I really wanted to know if getting ILR after 4 years of mariage includes the number of months we stayed in the UK or excludes it.

As Kayalami told you last August, it is four years outside the UK - the specific paragraph of the Rules says "and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom".
I would hope that the BHC would take the sensible line, and ignore your six month stay in the UK in 2004. I've seen claims that other Hgih Commissions have done this. But if they won't, doesn't this mean waiting until some time in 2008? It seems to me that if they ignore the six month gap, then you're OK, but if they insist on sticking by the letter of the Rules, they could argue that the four year clock didn't start until you left UK in 2004...

Just my views - others are most welcome...

[kantg1]

Thanks everyone for replying so fast.

1)I forgot to mention that my wife was born in the UK and she got her British passport by virtue of her birth and not by descent. Please let us know if our child will get all the rights as any other citizen in the UK.

2) If the 4 year time outside the UK for getting the ILR, started after our last departure from the UK, I guess that would be too long running well into late 2008. We feel we have been penalised for staying in the UK . That's OK as rules are rules and the only thing we can hope is either a change in the policy or a relaxed stance from Birtish High Commission. But only thing I want is to make sure about the policy so that we can plan accordingly. Please let us know if anyone of you have experienced this kind of situation.

Thanks for your valuable time spent in reading and replying to my queries.

kantg

[JAJ]

Thanks everyone for replying so fast.

1)I forgot to mention that my wife was born in the UK and she got her British passport by virtue of her birth and not by descent. Please let us know if our child will get all the rights as any other citizen in the UK.

Your question has already been answered in Paul's reply.