UK born Child

[itmanager]

I made my ILR application and Home Office took 2 years and refused my visa. During this time we are blessed with a baby and she is 1 year old. After 3 years fight in court I got my ILR approved and got my BRP with ILR.
During this period my wife and daughter went to India withdrawing her application. My daughter was in UK for 2 years and went to India taking a Emergency Certificate from Indian Embassy. I believe that my wife should make fresh application for Spouse Visa.

My Question is what kind of Visa should I apply for my daughter and how does my daughter get British Citizenship ?

Thank you

[Hstepper07]

You can register your child as a british citizen using form MN1.

[itmanager]

Thanks for quick response

My daughter is in India now and she doesn't have Indian passport yet. she has traveled to india using Emergency Certified so she is registered as Indian Citizen.

1) While she is in India now can I register her as a British Citizen using MN1 form?
or
2) does she need to travel to UK on some other visa ?

3) what is the time period for MN1 Application?

Thank you

[Hstepper07]

Thanks for quick response

My daughter is in India now and she doesn't have Indian passport yet. she has traveled to india using Emergency Certified so she is registered as Indian Citizen.

1) While she is in India now can I register her as a British Citizen using MN1 form?
or
2) does she need to travel to UK on some other visa ?

3) what is the time period for MN1 Application?

Thank you

Yes you can register her from overseas. Usually within 6 months.

[itmanager]

Thank you Hstepper07

1) I got my ILR just 2 months back. My Child traveled to INDIA 2 years back and still in india. what do you mean by usually within 6 months ?

2) MN1 form Section 1.1, 1.2 and 1.3 are of great confusion

1.3State if and when the child was given indefinite leave to enter/remain in the UK. If the child’s parent is an EEA national, a Swiss national or a family member of an EEA or Swiss national you should ensure that they qualify for permanent residence.
Child has indefinite leave to enter/remain in the UK. Date granted: D D M M Y Y Y Y

[CR001]

1.1 It is Section 1(3) of the nationality act for UK born children.

1.2 Leave blank

1.3 Leave blank or right date of birth.

[Hstepper07]

Thank you Hstepper07

1) I got my ILR just 2 months back. My Child traveled to INDIA 2 years back and still in india. what do you mean by usually within 6 months ?

You asked for the timeframe. They aim to respond within 6 months.

[itmanager]

Thank you CR001 and Hstepper07 for quick responses.

Just to confirm again if my child qualifies for MN1. please find the details below.

ILR application made on July 2013
Daughter born in UK in May 2014
ILR refused in March 2015
JR application made in May 2015
Wife and Daughter traveled to India in March 2016
ILR Issued in March 2018

1) if I made an MN1 application to British Deputy High Commission in India what kind of status will be given to my daughter. Does she get British Passport or what is the process if application is successful.

[CR001]

A UK born child is entitled to register as British once EITHER parent gets ILR.

You register the child on MN1 and if approved, you get a Certificate of Registration as British Citizen.

Passport application is separate and can take many months from India.

[itmanager]

Thank you CR001

1) If my child gets Certificate of Registration as British Citizen.
a) Is there any process to come to UK without UK Passport like Emergency Certificate or some travel document.
b) is there any time period to apply for British passport after obtaining Cert of Reg as British Citizen
c) if I apply for British passport in India what is the rough time period

2) Can i apply for British passport for my daughter after coming to UK?
a) if yes what is the rough time period to obtain the British passport in Uk

[CR001]

a) Is there any process to come to UK without UK Passport like Emergency Certificate or some travel document.

No. Only a person who has held a British passport can get an emergency travel document.

b) is there any time period to apply for British passport after obtaining Cert of Reg as British Citizen

No, you can apply at any point once the child is British.

c) if I apply for British passport in India what is the rough time period

It varies from a few months up to 12 months. They are not processed in home country. They all get done in the UK now.

2) Can i apply for British passport for my daughter after coming to UK?

Yes, but how will she get to the UK??

a) if yes what is the rough time period to obtain the British passport in Uk

There is a one week fast track service for first child passport in the UK.

[Hstepper07]

You also have the option of applying for a certificate of entitlement to right of abode with an indian passport.

[itmanager]

Thanks a million for all the responses

If my Child applies for MN1 in India time period will be 18 to 24 months ( 6months for MN1 + 12 months for British passport). My Daughter is already away from me for 2 years now and another 2 years away means too much pain for me.

Option 1) I will apply MN1 for my child now in India as I am going to India soon to spend some time with my daughter and family and do some IT training courses. If I stay india for 1 year or 18 months will there be any problem to enter back into UK. what kind of documents or explanation should I give to immigration without loosing ILR Visa ?


Option 2) If I apply for Indian Passport for my child first and then my wife and daughter travel to UK after 6months to 1 year later on dependent visa. I can apply for MN1 and British passport to my child. So can I apply for MN1 and British passport after my child gets Indian passport

[itmanager]

Thanks Hstepper07

You also have the option of applying for a certificate of entitlement to right of abode with an indian passport.

I dont understand what you mean, can you please shed some more light on this

[Hstepper07]

[quote=itmanager post_id=1633964 time=1526247341 user_id=194885]
Thanks Hstepper07

You also have the option of applying for a certificate of entitlement to right of abode with an indian passport.

I dont understand what you mean, can you please shed some more light on this
[/quote
You can have either a British passport or a right of abode certificate to enter the UK. It is currently £388 if applying from overseas. Read the threads below to get an idea.

www.immigrationboards.com/british-citiz ... 38279.html

www.immigrationboards.com/british-citiz ... 97901.html

www.gov.uk/right-of-abode/apply-for-a-c ... ntitlement

[CR001]

You also have the option of applying for a certificate of entitlement to right of abode with an indian passport.

Not if the child is voluntarily registered as British. This would likely only be an option if the child is born to parents where one is British and the other is still an Indian citizen.

[itmanager]

ok Thanks about right of abode. I am on ILR now & not British Citizen.

1) If I choose option 1 can I stay 1 year outside UK without risking my ILR ? do I need to submit any documents or reasons when return to UK after 1 year ?

2) if I go with option 2 can I Register my child with MN1 & British Passport after getting Indian Passport?

Many Thanks