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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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I am a UK citizen with an existing appeal for a court date

Resolved Question:

I am a UK citizen with an existing appeal for a court date in Nov 2014 for my wife and child, for spousal visa with daughter as dependant. They are both in Nigeria.

I want to cancel this appeal (as it is too far) and start a new spouse visa application just for my wife for now.

I have decided with my wife for my daughter to stay with relatives in Nigeria (for now my daughter is out of the picture) and to bring my newly born son with her (he is 4 months old). Can I apply for a British passport for my son?

My question is, what process do I need to follow for the afore-mentioned? Do you see any issues with this?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

How did you become a British citizen and where and when were your children born?
Customer: replied 3 years ago.

I was born in the U.K.


 


My kids are born in Nigeria to my wife.


 


I am only interested now in bringing in my latest child for now.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

Both your kids are a British Citizens by descent and all you need to do for both of them is to apply for their British passports. You do not need to apply for any UK visas for either of them.

See here for the process involved

https://www.gov.uk/overseas-passports

May I help further?
Customer: replied 3 years ago.

Thanks for clarifying regarding my children.


 


Can you please answer the first part (please go through the whole thing again) about our current appeal, cancelling it and doing a new one and consideration?


 


Please I paid for an in depth response and not links as I have already visited the link you kindly included. You seem to have completely ignored my other queries for some reason.


 


I am seeking and paying for legal advice so as to not have to fail any subsequent application I will be filing for my wife and child and would like an in-depth step by step process to achieve this goal please.


 


Thanks.


 


 

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

Withdrawing the appeal is very simply sends a written letter to the Tribunal dealing with the appeal (first tier or upper tier) saying that she wishes to withdraw the appeal and give her appeal number. The letter may be faxed or posted.

She may then apply for a spouse visa from Nigeria in the same way she did previously, making sure to check that the local procedure is still current.

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