mrlookforward
10 years ago

Thankfully I know all the answers to your queries, but your query is very general in nature. If I try to explain all the scenarios, I will have to write a few pages explaining UK, Indian and possibly other countries' laws.


It will be helpful if you ask specific questions.


Will you children travel after you have applied for MN1 but before MN1 is approved?


Will your children travel after MN1 is approved but before they get British passports?


Which specific countries will they travel?


I guess you know that you can only register your children as British Citizens on form MN1 if the children were born in UK.


regards


 


regards

Sponsor

lifeintheuktest
10 years ago

Dear Mr Lookforward,

I am sorry for not conveying my message properly.

Basically, I am planning to travel along with my wife and children to middle east (Saudi Arabia) for about 15 days and then go to India for another 15days and return to the UK ( roughly between 15th Dec to 15th Jan)

So I am enquiring whether they will be admitted to the UK on return with their current status ( as Tier 2 dependants), so that I can apply for their form MN1 followed by British passports after coming back? So after coming back I would like to apply for MN1 forms on 1st of February.

Or is it better to apply for form MN1 and obtain British passports and then apply for OCI or PIO (via indian embassy) and then consider travelling?


Please let me know if you need any more information.

Thanks
AR

mrlookforward
10 years ago

There won't be an issue if your kids travel back on their Tier 2 dependant Visas.


I guess you know that only the children born in UK can be registered as British Citizens.


Also, once your children are registered as British Citizens and after getting their British passports, you will have to surrender their Indian Passports. The latest you can do this without penalties is within 3 months of the issue of nationality. Your children will not be able to apply for OCI until at least one parent also becomes a British Citizen.


 


regards


 


 

lifeintheuktest
10 years ago

Many thanks for your reply. Its very kind of you.


Yes both my children are born here in the UK.


I did not know about the OCI. This might be a problem for me when I want to travel again next year to do Hajj with my parents from India while my children stay with their maternal grandparents. Then I might have to apply just a visit visa for my children to India ? Please suggest me a best option as I am planning to become a British Citizen once I come back to UK probably around October 2014.


Also is there a restriction on the number of days that you can be outside the UK while applyling for the Citizenship so that I can avoid any unnecessary issues while applying?


Thanks


AR


 


 

mrlookforward
10 years ago

Yes, best way would be to apply for childrens' visit visa for India.


The maximum number absenses allowed for naturalisation is 450 days in 5 years immediately preceeding the date of application. Also in 12 months immediately prceceeding the date of application, your absenses must not be more than 90 days.


Simple method is, that you count backwards from the date you apply for naturalisation.


So, you count backwards one year and make sure you do not have more than 90 days absense. Then from that point count further back 4 years and check that during this period your absensces are no more than 360 days.  (total absenses 450 days)


Also make sure that exactly 5 years before the date of application, you were physically present in UK.


For naturalisation purposes, the date of application is the date application arrives at home office, and not the date you post it or submit it to NCS.


 


regards


 

lifeintheuktest
9 years ago

Dear mrlookforward, I have now naturalised both my children and applied for their British passports. I am travelling to India in August. I heard from one of my friends that we cannot surrender our children's passports unless one of us get British passport. I am not sure about this but please let me know if it's true. Also once I get my children's British passport do I need to apply for their visit visa as their current visa is valid until 30th of August 2014. I would be grateful for your advise.


thanks AR

mrlookforward
9 years ago

Once your children get British passports, you can then immediately surrender their Indian passports. Parents status is not relevant for surrender. It is only relevant for OCI application. After surrender, you will need to  obtain Indian visa on your children's passports.


I am presuming that your children will return to UK after august, so the only way forward is the above process.


regards

lifeintheuktest
9 years ago

Many thanks for the information. I am grateful for this. Just one more question is whether it would be possible to apply for visit visa now and surrender the passports in India? Its to manage my finances.


Thanks


AR

lifeintheuktest
9 years ago

Dear Forum,


I would like some information if you know anything about it.


I got my ILR recently and my wife got the FLR(M) this month. My children still have old status as my Tier 2 dependants (on indian passport). I am going to apply for naturalisation (Form MN1) soon.


Is it ok for them to travel with current status as it is(with indian passports) outside the country ?


Or do I have to apply for their british passporst first?


Many thanks in advance and I would be grateful for your information.


 


Thanks


Kind Regards,
AR