Registering my five year old daughter as British citizen

[Amber]

Is your child eligible for a settlement visa? I think you'll have to have sole responsibility or there is a serious risk if they don't. Given the circumstances you might be hard pushed to get a settlement visa, they could even suspect child abduction.

[CR001]

Thank you Amber, this is more or less the point I was trying to establish!

[specy_99]

Reading all this....I am quite perturbed!

My daughter was born in the UK and My wife was on a dependent visa then. My wife and daughter went to India last year before my wife visa expired (my daughter didnt need a visa as she was born here).

I received ILR in april this year. Considering both my wife and daughter are out of India..can I still go ahead and apply for my daughter to be registered as british?

I called the NCS and the lady told me that I have to become british for my daughters registration! I thought if one parent is settled then this should be sufficient?

I am also finding it hard to get a reference....as my daughter is in India!

Also, on the MN1 form do I skip the residential section bit???
Please help!

[vinny]

My daughter was born in the UK ...

I received ILR in april this year ...

can I still go ahead and apply for my daughter to be registered as british

Already answered.

The difference is that your child was born in the UK.

Please continue in other thread.

[kkworla]

hi folks I need your help. I am a British citizen, My 8 year old son and my wife visited me during this Christmas. They came with visitor visa. My son does not want to travel back to Africa with his mother, He keeps crying and crying, he wants to stay with me in the UK. so my wife intends to live him with me so she can go back to Africa. I have decided to stay with him and to look for a school in the UK for him. Please can I apply for registration for him after sometime and is it possible for me to get into trouble if I made him stay since he will be an over-stayer very soon. He is only an eight year old. Please advice me.

[vinny]

Posts merged.

[kkworla]

Guys sorry about that. It's my fault. I posted my question several times. Am sorry I will comply to the rules. Thanks

[noajthan]

It seems a very poor life lesson to teach a child s/he can have what she wants just through crying.
And not a wise move to turn a child visitor into an overstayer.
The child cannot be registered on this basis. Clearly everyone would bypass the time and expense of the UK visa system if it was possible.

This seems to be an action replay of your plan of action from 2013.
Bring a child to UK as visitor.
Don't intend to send child back (saving stress and expense of a settlement visa) and with mother complicit/culture sorted out.

I assume you are a naturalised citizen and child was born abroad before you were naturalised - is that correct?
If so, how far have you progressed with the wise advice given in 2013 which was to obtain a settlement visa for such a child?
ie as per the recognised and documented route to registration at discretion which is the scenario for a foreign-born child.

The visa process will address questions of parental permissions, parental custody/responsibility, position and status of other parent, child protection (against kidnap/abduction, gifted adoption etc), child's interests & etc.
That is why there is a visa process rather than waving everyone through without question or on say-so of one parent.

And as for school:

The following children are not entitled to a state education:
children from non-European Economic Area (EEA) countries who are here as short-term visitors
- these are children who live abroad but have been admitted to the UK for a short visit (for example as tourists or to visit relatives), and not to study

https://www.gov.uk/guidance/schools-adm ... s-children

[Casa]

Also, aside from noajthan's post, much has changed since 2013.

Your name on the birth certificate is unlikely to be sufficient in any application and you may well be required to submit a DNA test through a Home Office approved test provider in order to prove paternity.

[kkworla]

Well my boy was refused on three occasions before he was given the visa. They said his birth certificate was forged. On the third occassion they admitted and apologized for their own mistake when I threatened a judicial review. He was granted the visa and he has been here twice on his own and this third time he came with his Mum so.I don't think the DNA will be a problem looking at the struggle I went through with the home office before they admitted their mistake. Besides am ready for DNA when they ask me to do it. My wife will apply for settlement in June and she will come and join me but my son visa will end in two weeks and my wife visa will end in March. She wants to go in March because my second child who is a British has medical appointments in February and March and my son cannot go and live by himself alone in Africa when her mum is here in the UK. So instead of letting him go by himself I want him to stay , he will be an over because his visa will expire soon. His mum will come back to UK after the settlement visa so please advise me. Thanks for your support.

[noajthan]

Keep it legal and then plan subsequent travel and medical activities accordingly.
You can't expect UKVI to work around you nor to lawyer yourself out of every situation.

Mom and child would be advised to apply for settlement together.

You should clearly divide family responsibilities if you currently have a split household.
And if you are in a world where you can afford DNA tests and lawyers and JR you can surely afford to hire or arrange childcare (through 3rd parties or even extended family/relatives) as a short-term stopgap.

Mom and child have to go home anyway to apply for settlement so there is no cost saving in her extending stay in UK.
Child's feelings and convenience don't come into the picture.

[Casa]

I'm confused now. In your opening post 3 years ago you asked for advice on registering your 5 year old daughter as a BC. Now you mention two sons, an 8 year old who entered as a visitor with his mother and another son who has British citizenship and needing medical treatment in the UK. How many children are involved here?

How much do you earn annually?

[kkworla]

Sorry three years ago I used my son but I said my daughter. Ok now I have another child with my wife who is a girl. She is British but my son who is 8 years now but 5 in three years ago is not british. That's the problem. I hope it's clear now

[Casa]

Who is the son then who you say needs medical treatment in the UK, requiring your wife to say on after your son's visitor visa expires

son = male
daughter = female

So you plan for your wife to return to her home country, leaving your son here with an expired visitor visa. What will you do if your wife's settlement visa is refused for any reason?

You haven't confirmed your annual income.

[kkworla]

That's not the plan my son is the eldest and my daughter is the youngest.. three years ago I had only my son. There is no plan here if there was a plan my son so will not have gone back to Africa two times before this time. Thanks

[noajthan]

That's not the plan my son is the eldest and my daughter is the youngest.. three years ago I had only my son. There is no plan here if there was a plan my son so will not have gone back to Africa two times before this time. Thanks

So son returns to Africa.
He has done it before and so he knows the drill.
Tears before bedtime won't cut it with UKVI; it is no reason to change an expected and legally-compliant practice - he does not want to end up on UKVI's 'naughty step'.

Mom seems to be primary caregiver for this first child and so accompanies that child and applies for joint visa from home.
This increases their chances of success (no guarantees though) and keeps everyone legal.

You take care of medical affairs for UK-based child as you are evidently taking care of this child already.
No need whatsoever to make son an unwitting overstayer and start down that road to a world of pain.