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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my wife is applying for a (settlement) spouse visa to come

Resolved Question:

my wife is applying for a (settlement) spouse visa to come to the uk from pakistan,she is a pakistani national.
I am her husband, a British citizen (s.11 (1) British nationality act 1981.
we married in 2003 ,she came to the uk originally on a (settlement) spouse visa in 2004,but did not want to live in the uk,so we both left the uk in 2005 to live in pakistan and make a life there. We had 4 sons,all with British passports acquired in pakistan via the British high commission,Islamabad.
Whilst my wife was pregnant with our 5th boy,we received notes and phone calls from vicious,nasty thugs ,villains (call them what you want) we never actually saw them,demanding money or else we and the children will be killed.
we decided to move back to the uk for the safety of the children.
I arrived with 3 of my sons to the uk in august 2013, left my youngest of 3yrs with my wife as he needed his mum.
my wife has had the baby on 30th October 2013, she is in hiding from these people,with the 3 yr old and the baby,she will be applying for a spouse visa soon, the 3yr old has British passport ,so no problem him entering the uk,the new born has been registered with the pakistani authorities (as the law) has pakistani birth certificates, if our lives were not in danger , I would have applied for his British passport in pakistan,but this is a 6-8 month process (too long for my wife and kids to hang around in pakistan) .here are my questions to you:
1)how do i bring the baby into the uk?
get him a Pakistani passport:
a)apply for a family child visitors visa,alongside my wifes spouse visa?
b)apply for a settlement visa like my wife for the baby?
In anycase, CAN I APPLY FOR A BRITISH PASSPORT IN THE UK FOR MY SON ,ONCE HE COMES OVER INTO THE UK OR CAN HE EVEN ENTER THE UK?
will my son be ELEGIBLE to apply for a uk passport whilst being here on a visa of any sort from WITHIN the uk.
Please answer the questions precisely and accurately,not just "yes you can apply for him" sort of answers, give me answers with content and references etc.
I am a surgeon by profession myself, a good one!!!
Lets see how good you people are yours, your website looks good , but are YOU good , lets see your answers.
thank you.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.

Hello,

Sorry to hear about the issues back in Pakistan.

To answer your questions:

1) the baby is already a British Citizen so you may apply for a certificate of entitlement to right of abode in the UK using his Pakistani passport. The application may be lodged at the same time as your wife's settlement visa application: http://www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/certificate-entitlement/

Right of abode means the baby is free from UK immigration control and is free to enter and leave the UK at will.

Once in the UK, you may apply for a British passport for the baby, you do not need to do so but you may do so. The baby is perfectly entitled to live and work in the UK on the Pakistan passport with the certificate of entitlement to the right of abode but it will obviously be easier to travel etc if a British passport is obtained.

 

Once a British passport is issued to the baby, the certificate of entitlement will no longer be valid as one cannot hold both a British passport and a certificate of entitlement at the same time, it is either one or the other.


Hope this helps.

Customer: replied 3 years ago.

are these the steps i need to take? please confirm.


1)obtain a pakistani passport for baby


2)apply for a visa under sub category "right of abode,certificate of entitlement"


3)lodge baby's application with my wifes application for a spouse visa


will this allow him entry into uk with no immigration control/restrictions and how long is the processing time for this type of visa application?


 

Expert:  UKSolicitorJA replied 3 years ago.
Hello again,

Yes those are the steps to take.

A certificate of entitlement to the right of abode will allow the baby unrestricted entry to the UK i.e. the baby will be free from UK immigration control.

You may check for processing times in Pakistan here (it depends on where the application is lodged e.g. Islamabad, Karachi etc): http://www.ukba.homeoffice.gov.uk/countries/pakistan/processing-times1/?langname=null

All the best
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 3 years ago.
Thank you for the excellent feedback. Please feel free to ask me any other UK immigration questions which you may have.
Customer: replied 3 years ago.

I would like to take this oppurtunity to thank you for all of your help, i do not know in which country you reside or where you are, but i must say that you are an outstanding credit to the human race.


May god give you happiness and blessings to you and your family, you have helped a very distressed person like me , if we ever meet the first drink is on me.


once again, a zillion thanks.


regards,


Jay Khan

Expert:  UKSolicitorJA replied 3 years ago.
You are very welcome