Son born outside of UK, British father, Indian mother query

[RMassey84]

Hi,

Apologies if this has already been asked before, I'm a little confused currently with what my UK solicitor is advising me and wanted further advice if possible.

I am a British citizen and married an Indian citizen. My wifes visa was rejected Oct 2017 due to a lack of English evidence in our application (we were advised by an agent that as she was pregnant this would be sufficient cause for not taking / having time to take the English exam before applying for the visa - obviously wasnt the case!). Anyway, my wife gave birth to out son in Nov 2017 in India.

I have hired an immigration solicitor in UK to help us with the process of getting them both to the UK. He says my wifes visa will be fine now as we have the English evidence and he is submitting the application himself in the UK. However, he tells me we wont need a visa for my son as I am British... Even though he was born in India and has an Indian passport. I'm not really understanding how my son will be allowed in the UK if he doesnt have a visa and he has an Indian passport, not a British passport currently. Will they just let him through passport control as I'll be there?? Sounds a little lax to me...

Thanks in advance for any help.

Rick

[vinny]

A likely problem is that the airlines probably will refuse your son to board a plane without appropriate clearance from the British authorities.

If your son is automatically British, then he should apply for either a British passport or CoE-RoA.

[RMassey84]

Thanks Vinny, that was my first thought to be honest. I'll contact my solicitor today and ask then to clarify.

On average do you know how long it takes to get CoE-Roa? I was hoping we could be in the UK for summer time at the latest....

[CR001]

he is submitting the application himself in the UK

How is he proposing to do this when the applicant is required to submit?

[RMassey84]

He told me he would be submitting the application on our behalf. I have just checked a few immigration agencies who have the same option on there, i.e. they fill application in, send to applicant for signature and then the agency submits.

I'm not sure if thats the case, just what I have read on a few websites now.. I know on the visa 4uk website there is an option to apply for someone else, maybe through that or the solicitors/immigration agencies have a different route?

[CR001]

The applicant is required to submit documents at VFS and enroll biometrics. I strongly suggest you ask what the step by step process is.

[RMassey84]

Yep - thanks for the heads up. I have emailed him tonight and asked him to clarify as I have been receiving conflicting information.... Will see what he comes back with. VFS office is close to our house, so going there for biometrics, etc wouldnt be a problem. I'm guessing you have never heard of a solicitor or agency submitting the application on behalf of someone before then?

[CR001]

I'm guessing you have never heard of a solicitor or agency submitting the application on behalf of someone before then?

I have used them myself but it was only a 'form filling' exercise and everything was couriered to me to submit myself in person at VFS and enroll biometrics.