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URGENT ... Child born in the UK - ILR Enquiry.

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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uk789
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Joined: Thu Apr 07, 2005 1:24 am

URGENT ... Child born in the UK - ILR Enquiry.

Post by uk789 » Tue Jan 29, 2008 7:41 pm

I have completed my 5 continuous yrs (WP + HSMP) in the UK on 8-Jan-2008. Have booked an appointment at Liverpool PEO for 31-Jan-2008 for ILR application. I have 2 months old child born in the UK. Yesterday I have got the child's passport from the Indian embassy in London.

My question is : If I have to include my child on my ILR application, do I need to get a dependent visa for her before I get her ILR or since she is born in the UK, no need of a dependent visa and I can directly apply for her ILR along with my and my wife ??


Could you please reply urgently as day after tomorrow I have to go to PEO for ILR application. Otherwise tt will be a waste of my time and money going from London to Liverpool (as Croydon is booked till 11-Mar) for the ILR application.

Any quick replies are greatly appreciated. Thanks in advance !!

zee_aziz
- thin ice -
Posts: 55
Joined: Thu Aug 16, 2007 2:34 pm

hi

Post by zee_aziz » Tue Jan 29, 2008 8:09 pm

Hi there, just include baby in your application as Main Applicant's Dependant, Baby doesnt need visa now, she is going to be dependant and ILR sticker will be pasted on all three passports. Hopefully you will get ILR for yourself and your family, once u got ILR; you can apply for the British Passport for your baby on her behalf, as Baby is born in UK and either of parents has got ILR. You do not have to wait until baby becomes 10 years of age ...Good Luck.

olisun
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Joined: Mon Oct 14, 2002 2:01 am

Post by olisun » Tue Jan 29, 2008 9:23 pm

you could have just waited and not applied for your child's Indian passport...

After you get your ILR you can directly register you child as a British Citizen

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Jan 30, 2008 2:49 am

It doesn't hurt to include baby in ILR application if there is no extra fee. A U.K. born child doesn't need a visa stamp.

Jayceesh
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Location: UK

Post by Jayceesh » Wed Jan 30, 2008 10:48 am

olisun wrote:you could have just waited and not applied for your child's Indian passport...

After you get your ILR you can directly register you child as a British Citizen
Olisun,

What if the OP does not intend to go onto citizenship just yet?
This could probably be because of countries that do not accept dual citizenships - I am not in anyway talking about India here - just in general...

JAJ
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Australia

Post by JAJ » Wed Jan 30, 2008 1:04 pm

Jayceesh wrote: What if the OP does not intend to go onto citizenship just yet?
This could probably be because of countries that do not accept dual citizenships - I am not in anyway talking about India here - just in general...
If the child is born in the U.K. then child can be registered as British even if the parents do not want to go for citizenship themselves.

Jayceesh
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Location: UK

Post by Jayceesh » Wed Jan 30, 2008 1:44 pm

Then the child still loses the parent's initial citizenship.... I think I should have made my point clearer earlier...

I am just making a point that the OP could still go ahead and get a passport for the child and get an ILR sticker (simply for travel issues) on it so that come when the time to make the decision on which citizenship to lay claim to, there wont be any hindrance (for the countries that does not allow dual nationals)

olisun
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Post by olisun » Wed Jan 30, 2008 4:09 pm

Jayceesh wrote:Then the child still loses the parent's initial citizenship.... I think I should have made my point clearer earlier...

I am just making a point that the OP could still go ahead and get a passport for the child and get an ILR sticker (simply for travel issues) on it so that come when the time to make the decision on which citizenship to lay claim to, there wont be any hindrance (for the countries that does not allow dual nationals)
Since the OP has already mentioned that he is of Indian origin there should be no problem in him applying for BC for child and/or the parents as the OP can then apply for a PIO or OCI card for himself and his family...

Btw where does it mention that the child looses the parent's initial citizenship, in this case, Indian?

JAJ
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Australia

Post by JAJ » Thu Jan 31, 2008 5:50 am

Jayceesh wrote:Then the child still loses the parent's initial citizenship.... I think I should have made my point clearer earlier...
It does with India but that may not be the case with other countries.

Some countries may revoke the citizenship of adults who become foreign citizens, but not children.

olisun
Diamond Member
Posts: 1079
Joined: Mon Oct 14, 2002 2:01 am

Post by olisun » Thu Jan 31, 2008 12:42 pm

"Citizenship by Descent

Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Person born outside India on or after 10 December 1992 are considered as citizens of India if either of their parents is a citizen of India at the time of their birth.


From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country."

Since the parents are not BC's at the time of the child birth, it should not be a problem

tsp
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Re: URGENT ... Child born in the UK - ILR Enquiry.

Post by tsp » Sat Feb 02, 2008 12:21 pm

uk789 wrote:I have completed my 5 continuous yrs (WP + HSMP) in the UK on 8-Jan-2008. Have booked an appointment at Liverpool PEO for 31-Jan-2008 for ILR application. I have 2 months old child born in the UK. Yesterday I have got the child's passport from the Indian embassy in London.

My question is : If I have to include my child on my ILR application, do I need to get a dependent visa for her before I get her ILR or since she is born in the UK, no need of a dependent visa and I can directly apply for her ILR along with my and my wife ??


Could you please reply urgently as day after tomorrow I have to go to PEO for ILR application. Otherwise tt will be a waste of my time and money going from London to Liverpool (as Croydon is booked till 11-Mar) for the ILR application.

Any quick replies are greatly appreciated. Thanks in advance !!
What are the documents you have submitted for WP + HSMP, Please clarify.

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