Child born in UK (I have ILR and wife is on PBS Tier1)

[kumarkt]

Hi,

I hope some one will help me to give answer for my question in this forum.

I got ILR in this year March.

My wife is not qualified for ILR because she is not completed 2 years however my wife have visa till 2016 and she is qualifying this month end.

My baby born in UK in the month of Oct'13, I applied for my baby ILR dependent along with application and not applied for my wife because she is not completed 2 years in UK but they refused my baby ILR on Immigration rule 319J(e) , they stated i am settled and month have limited leave to remain. We applied for my baby indian passport and travelled to india with out visa.


Now I would like to apply visa from india for my baby. How to apply from india ? as settled person dependant child?

They already refused my baby visa if I apply again there might be chances of rejecting visa again.

I am on ILR (In UK), my wife is on Tier 1 dependant and my baby doesn't have visa and both are in india now.

How to apply?

Please help me in the right direction.

Thanks,
Kumar

[Amber]

As your child was born in the UK the child is entitled to be registered as British on form MN1 under section 1(3), then once that is done, you could apply for the child's British passport or a CoE.

Otherwise the child could apply for leave to enter under 305.

[kumarkt]

As your child was born in the UK the child is entitled to be registered as British on form MN1 under section 1(3), then once that is done, you could apply for the child's British passport or a CoE.

Otherwise the child could apply for leave to enter under 305.

Thanks for your reply.

I have few questions on this.

My baby born in the year Oct'2013, at that time I am on Tier1 General . I got ILR in March 2014 not included my wife in my application because she is not qualified.

some reason my baby(without any visa travelled to india on Indian passport) and wife traveled to India on Tier1 dependant visa.
Can my wife traveled to india on Tier1 General dependant visa even though my status changed to ILR?

Or again I have to apply for both of them as PR dependents from India?

Can I apply naturalisation from India for my baby?


Please help me on this.


Thanks,
Kumar

[Amber]

Yes, if you settled as a PBS applicant, your spouse can still use her PBS dep leave and settle on SET(O) when eligible, B1 English and LIUK required.

Yes, the child may be registered as British on form MN1 under section 1(3) where ever that child is.

[kumarkt]

Yes, if you settled as a PBS applicant, your spouse can still use her PBS dep leave and settle on SET(O) when eligible, B1 English and LIUK required.

Yes, the child may be registered as British on form MN1 under section 1(3) where ever that child is.

Thanks for your reply.

Apologies asking again the same question.
That means my wife can travel back to UK on Tier1 General dependant visa even though my status has been changed to ILR?

and I can apply naturalisation for my baby from india using MN1 under section 1(3)?

why am asking, as I said my baby visa refused because of my wife have limited leave to remain in UK and I applied for ILR for my self and baby, but baby visa rejected on the immigration rule 319j(e) is it valid reason of refusal?


Please once again confirm. Sorry to asking you again.

Thanks ,
Kumar

[Amber]

Yes, your spouse can travel as a PBS dep.

The child's immigration history and status is immaterial for an application to register as British under 1(3). Yes you can apply when the child is in India, use the NCS for a smoother process.

[kumarkt]

Yes, your spouse can travel as a PBS dep.

The child's immigration history and status is immaterial for an application to register as British under 1(3). Yes you can apply when the child is in India, use the NCS for a smoother process.

Many thanks for your reply.

I came to know that Register as British under 1(3) will take minimum 3 to 6 months, i don't want to wait such a log period.

Can I apply for my baby as settled person of a child as dependent from India even though my wife is on PBS dependant?

If they issue visa, I would like to apply for my as British under 1(3).

so many people saying they will refuse visa or at UK immigration they stop allowing in to the country because wife status is not as husband status. is it true?


Please let me know.

Thanks
Kumar

[Amber]

Well according to the timeline (click) MN1 child registration is taking 4-6 weeks not 3-6 months.

Regarding your spouse, I have wrote the same response twice!

[kumarkt]

Well according to the timeline (click) MN1 child registration is taking 4-6 weeks not 3-6 months.

Regarding your spouse, I have wrote the same response twice!

Thanks for your reply.

I have called Passport services , they said to process passport application will take 19 weeks time. I don't want to wait such long period of time. Is there any other option to get visa for my baby?

Can I apply Settled person dependent child from India? even though my wife is on PBS Tier1 General dependent.

if baby get visa on this route , I would like to apply naturalisation in UK.

Please let me know.
Thanks,
Kumar

[Amber]

Once the child is registered the child would not need a British Passport instead the child could apply for a CoE which usually takes 2-4 weeks.

Under immigration rules, child should be given leave to enter in line with the Mother.

[kumarkt]

Once the child is registered the child would not need a British Passport instead the child could apply for a CoE which usually takes 2-4 weeks.

Under immigration rules, child should be given leave to enter in line with the Mother.

Thanks for your reply.

What is CoE? using CoE without passport can enter in to UK?

Could you please let me know how to apply for CoE?

Thanks
Kumar

[Amber]

A CoE once the child is British, it could be put in the Indian Passport.

See, Prove you have right of abode in the UK (click).