ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

RoA CoE for a British citizen child born in India

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

chiku1980
Junior Member
Posts: 58
Joined: Thu Sep 06, 2012 10:20 am

Re: RoA CoE for a British citizen child born in India

Post by chiku1980 » Mon Sep 26, 2016 5:05 pm

As with everything else there is no "mandatory" list of documents to be submitted.

The documents need to be sufficient enough for the case officer to take a decision.

Parents’ full birth certificate, registration or naturalization certificate is listed as one of the documents which the applicant "can" give in support of the ROA application. This leads me to believe that it is an important document to submit.

Hima02 from as earlier post on this topic seemed to be in a similar situation where she did not have a birth certificate. She did submit a Mother's Affidavit for birth certificate and 10th class certificate instead.

As far as attestation of UK passport is concerned - I wouldnt think that would be mandatory. I submitted a non attested copy of Indian passport of my wife. For UK passport they should always be able to confirm details. If they didnt necesarily need attested indian passport copy dont think they would need attested UK passport copy. It was more of a belt and braces exercise for me to get it attested.

sshanmug
Junior Member
Posts: 68
Joined: Thu Jun 21, 2007 6:22 am

Re: RoA CoE for a British citizen child born in India

Post by sshanmug » Wed Oct 05, 2016 6:00 pm

Hi,

Can any one provide a template for Mother's Affidavit for birth certificate and 10th class cert.

Thanks and Regards,
Senthil

Bobthemoggie
Member
Posts: 193
Joined: Sun Oct 27, 2013 10:24 pm

Re: RoA CoE for a British citizen child born in India

Post by Bobthemoggie » Tue Jan 03, 2017 8:53 pm

Hi All

A) Has anybody with Certificate of Entitlement managed to Renew Indian passport?
i.e. Are there any issues in renewing minor's Indian passport if Certificate of Entitlement is endorsed in the Indian Passport.
[Please correct me, if Certificate of Entitlement is issued as separate BRP card, just in case]

B) In worst case, if Indian Authorities refuse to renew the passport, is it possible to obtain full British passport based on the Certificate Entitlement (especially if we are living outside Uk for example somewhere in EU country)?

C) In general is it possible to convert Certificate of Entitlement into British passport (for minor) if you (as parents holding British passports) wish to do so?

Could expert advise on these complex scenarios.

Cheers

secret.simon
Moderator
Posts: 11464
Joined: Thu Feb 21, 2013 9:29 pm

Re: RoA CoE for a British citizen child born in India

Post by secret.simon » Wed Jan 04, 2017 9:58 am

Bobthemoggie wrote:A) Has anybody with Certificate of Entitlement managed to Renew Indian passport?i.e. Are there any issues in renewing minor's Indian passport if Certificate of Entitlement is endorsed in the Indian Passport.
I do not have personal experience, but I can't imagine that it would cause a problem. The endorsement itself only states that the person has the Right of Abode in the UK. It does not state anything about the person being a British citizen (which is why the CoE-RoA does not give freedom of movement in Europe). From the viewpoint of somebody examining the document, it is like having a lifelong ILR. So, I can't imagine the Indian authorities not renewing an Indian passport.
Bobthemoggie wrote:B) In worst case, if Indian Authorities refuse to renew the passport, is it possible to obtain full British passport based on the Certificate Entitlement (especially if we are living outside Uk for example somewhere in EU country)?
Of course you can, if the person is a British citizen.

But, getting a full British passport will automatically revoke the Indian citizenship of a minor born with both British and Indian citizenship. Also, once a British passport is received, I believe (I could be wrong), you can't go back to a CoE-RoA in a foreign passport.
Bobthemoggie wrote:C) In general is it possible to convert Certificate of Entitlement into British passport (for minor) if you (as parents holding British passports) wish to do so?
Yes, but see the caveat above.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Bobthemoggie
Member
Posts: 193
Joined: Sun Oct 27, 2013 10:24 pm

Re: RoA CoE for a British citizen child born in India

Post by Bobthemoggie » Wed Jan 04, 2017 11:28 am

secret.simon wrote:
Bobthemoggie wrote:A) Has anybody with Certificate of Entitlement managed to Renew Indian passport?i.e. Are there any issues in renewing minor's Indian passport if Certificate of Entitlement is endorsed in the Indian Passport.
I do not have personal experience, but I can't imagine that it would cause a problem. The endorsement itself only states that the person has the Right of Abode in the UK. It does not state anything about the person being a British citizen (which is why the CoE-RoA does not give freedom of movement in Europe). From the viewpoint of somebody examining the document, it is like having a lifelong ILR. So, I can't imagine the Indian authorities not renewing an Indian passport.
Bobthemoggie wrote:B) In worst case, if Indian Authorities refuse to renew the passport, is it possible to obtain full British passport based on the Certificate Entitlement (especially if we are living outside Uk for example somewhere in EU country)?
Of course you can, if the person is a British citizen.

But, getting a full British passport will automatically revoke the Indian citizenship of a minor born with both British and Indian citizenship. Also, once a British passport is received, I believe (I could be wrong), you can't go back to a CoE-RoA in a foreign passport.
Bobthemoggie wrote:C) In general is it possible to convert Certificate of Entitlement into British passport (for minor) if you (as parents holding British passports) wish to do so?
Yes, but see the caveat above.
Dear Expert Member,

Thanks for your in depth response.
I have further query-
> Consider a scenario, after getting CoE-RoA on minor's foreign passport, if parents (British naturalised citizens ) are living outside UK, then if for example if we decide to apply for minor's British passport (still living outside UK), will it be possible?

or UK residency will be a constraint.

> For child born (Outside UK) to British Naturlised father & at that time ILR holding Mother, MN1 formality is not required for either for CoE-RoA or Full British passport. Kindly advise
Kindly throw some light on there.

Cheers
then say if we decide to apply for British

secret.simon
Moderator
Posts: 11464
Joined: Thu Feb 21, 2013 9:29 pm

Re: RoA CoE for a British citizen child born in India

Post by secret.simon » Wed Jan 04, 2017 11:34 am

Bobthemoggie wrote:> Consider a scenario, after getting CoE-RoA on minor's foreign passport, if parents (British naturalised citizens ) are living outside UK, then if for example if we decide to apply for minor's British passport (still living outside UK), will it be possible?
Yes. UK residency is not required. CoE-RoA is only issued to British citizens (apart from some Commonwealth citizens who had it before 1983) and hence if it is issued, that means that the child is already a British citizen.
Bobthemoggie wrote:> For child born (Outside UK) to British Naturlised father & at that time ILR holding Mother, MN1 formality is not required for either for CoE-RoA or Full British passport. Kindly adviseKindly throw some light on there.
Provided the child is born on or after the date of the father's citizenship certificate, then yes, the child is born a British citizen by descent and does not require MN1 registration.

Such a child born to an Indian citizen holding ILR in India (and the mother appears to be such a citizen, from your description) would lose Indian citizenship at either 18 years of age or when s/he acquires a foreign passport, whichever is first.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Bobthemoggie
Member
Posts: 193
Joined: Sun Oct 27, 2013 10:24 pm

Re: RoA CoE for a British citizen child born in India

Post by Bobthemoggie » Wed Jan 04, 2017 12:09 pm

secret.simon wrote:
Bobthemoggie wrote:> Consider a scenario, after getting CoE-RoA on minor's foreign passport, if parents (British naturalised citizens ) are living outside UK, then if for example if we decide to apply for minor's British passport (still living outside UK), will it be possible?
Yes. UK residency is not required. CoE-RoA is only issued to British citizens (apart from some Commonwealth citizens who had it before 1983) and hence if it is issued, that means that the child is already a British citizen.
Bobthemoggie wrote:> For child born (Outside UK) to British Naturlised father & at that time ILR holding Mother, MN1 formality is not required for either for CoE-RoA or Full British passport. Kindly adviseKindly throw some light on there.
Provided the child is born on or after the date of the father's citizenship certificate, then yes, the child is born a British citizen by descent and does not require MN1 registration.

Such a child born to an Indian citizen holding ILR in India (and the mother appears to be such a citizen, from your description) would lose Indian citizenship at either 18 years of age or when s/he acquires a foreign passport, whichever is first.
Thanks for quick response.
Just to clarify on last paragraph-
Mother is Indian citizen holding Indian passport & UK-ILR & will be completing her British citizenship ceremony (naturalisation) very soon.

Thanks

Reddytwins
Newly Registered
Posts: 2
Joined: Tue Jan 03, 2017 4:28 pm

Re: RoA CoE for a British citizen child born in India

Post by Reddytwins » Wed Jan 04, 2017 5:48 pm

"Passport and Travel Information
1. Nationality - British
No, Indian national
(They specify as mentioned in ur travel document, so give Indian only.)

2. Do you currently hold, or have you ever held, any other nationality or nationalities? (yes or no) ?
No (India does'nt allow dual citizenship, so mentioning british wud be wrong for ur baby)"


Hi Hima can you please help me out. How the nationalities question would be no here because we are applying for UK so mentioning British isn't appropriate?
[/quote]
Wrong! Indian citizen children may hold another nationality from birth, but they mustn't hold a foreign passport.

If your baby isn't a British citizen, he doesn't have right of abode in the UK. The only people born since 1982 who have right of abode in the UK are British citizens.[/quote]

Bobthemoggie
Member
Posts: 193
Joined: Sun Oct 27, 2013 10:24 pm

Re: RoA CoE for a British citizen child born in India

Post by Bobthemoggie » Sun Jan 08, 2017 6:02 pm

Hi Guys,

I have one query-
Current situation: 1 parent: British naturalised citizen+OCI holder, other parent: Indian Passport holder+ILR
Child Born in India
If after getting Indian Passport for Minor, if another parent also becomes British & surrenders their Indian Passport, then in this situation - Can child continue to hold Indian passport (hopefully with RoA-CoE) till his 18th Birthday?

or As both parents are British, so child's passport will also be revoked / not extended?

Could experts provide their thoughts on this, please

Cheers

secret.simon
Moderator
Posts: 11464
Joined: Thu Feb 21, 2013 9:29 pm

Re: RoA CoE for a British citizen child born in India

Post by secret.simon » Sun Jan 08, 2017 10:30 pm

Bobthemoggie wrote:If after getting Indian Passport for Minor, if another parent also becomes British & surrenders their Indian Passport, then in this situation - Can child continue to hold Indian passport (hopefully with RoA-CoE) till his 18th Birthday?
Provided the parent's Indian citizenship is terminated automatically by acquisition of a foreign citizenship (Section 9 of the Indian Citizenship Act 1955) and is not renounced (Section 8 of that Act), the child continues to hold Indian citizenship. But I can imagine that may not be completely clear to Indian babudom.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Bobthemoggie
Member
Posts: 193
Joined: Sun Oct 27, 2013 10:24 pm

Re: RoA CoE for a British citizen child born in India

Post by Bobthemoggie » Mon Jan 09, 2017 10:42 pm

secret.simon wrote:
Bobthemoggie wrote:If after getting Indian Passport for Minor, if another parent also becomes British & surrenders their Indian Passport, then in this situation - Can child continue to hold Indian passport (hopefully with RoA-CoE) till his 18th Birthday?
Provided the parent's Indian citizenship is terminated automatically by acquisition of a foreign citizenship (Section 9 of the Indian Citizenship Act 1955) and is not renounced (Section 8 of that Act), the child continues to hold Indian citizenship. But I can imagine that may not be completely clear to Indian babudom.
Thanks for your response.
I was looking at Section 8 & Section 9 of Indian Citizenship act 1955
And when compared that with 'Application for surrender of Indian Passport/Citizenship' on VFS noticed following sentence:
"y. I have acquired British/ Foreign nationality on ____________ and consequently have obtained British/ Foreign Passport.
Therefore I hereby renounce my Indian citizenship and surrender my Indian Passport. "

Also Indian embassy talks about: Renunciation of Citizenship
So it apparently seems to point to - point 8 rather than the point 9 of Act

What are your thoughts on it

Thanks

sma_tier1
Junior Member
Posts: 66
Joined: Wed Jun 06, 2012 4:58 pm

Re: RoA CoE for a British citizen child born in India

Post by sma_tier1 » Fri Jan 20, 2017 4:25 pm

Can someone help me by answering my below query. Thanks in advance.

"Father is naturalised British citizen and mother holds Indian passport with ILR. Child born after father was naturalised as British citizen. If the child is granted the "Right of Abode" in its new/renewed Indian passports, can the child continue with ROA even after crossing 18 years of age ? "

secret.simon
Moderator
Posts: 11464
Joined: Thu Feb 21, 2013 9:29 pm

Re: RoA CoE for a British citizen child born in India

Post by secret.simon » Fri Jan 20, 2017 6:29 pm

sma_tier1 wrote:Can someone help me by answering my below query. Thanks in advance."Father is naturalised British citizen and mother holds Indian passport with ILR. Child born after father was naturalised as British citizen. If the child is granted the "Right of Abode" in its new/renewed Indian passports, can the child continue with ROA even after crossing 18 years of age ? "
If child is born to an Indian parent in India, there is a plausible argument that such a child can retain his Indian citizenship past the age of eighteen, provided he never applies for a non-Indian passport. See Sections 3 and 4 (especially 4(1A)) of the (Indian) Citizenship Act 1955. Best of luck arguing that point with Indian babus.

Also, see the point above by BobTheMoggie as regards the possible effect of acquisition of foreign nationality by the parent on the child's Indian citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

sma_tier1
Junior Member
Posts: 66
Joined: Wed Jun 06, 2012 4:58 pm

Re: RoA CoE for a British citizen child born in India

Post by sma_tier1 » Sun Jan 22, 2017 9:25 am

Hi secret.simon,

Thanks for your reply. Went through the Indian Citizenship rules 4(1A) and it gives more clarity.
Thanks again.

dude_123
Newbie
Posts: 49
Joined: Mon Jul 26, 2010 12:18 pm

Re: RoA CoE for a British citizen child born in India

Post by dude_123 » Tue Feb 07, 2017 5:04 pm

hi guys i am about to submit the COE application for my child. is it mandatory to provide the original bank statement or online print out of the bank statement copy will do. i am attaching the copy of payslips and p60 with application .

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: RoA CoE for a British citizen child born in India

Post by vinny » Tue Feb 07, 2017 11:46 pm

I think it's sufficient to show that child is British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bobthemoggie
Member
Posts: 193
Joined: Sun Oct 27, 2013 10:24 pm

Re: RoA CoE for a British citizen child born in India

Post by Bobthemoggie » Thu Feb 09, 2017 9:51 am

Hi Guys,

One query regarding Birth Certificate.
We were living in UK immediately before the child birth
Mother travelled to India few months before child-birth & mother-child currently staying in India, after birth.
Father was present in UK at the time of birth.

But on locally issues Birth certificate, local issuing authorities have written our UK address in both Permanent address & the Address of parents at the time of Birth. Will this be a problem for RoA-CoE application?
They have told us that - it won't be possible to put separate addresses for Father & Mother for the field - 'Address of parents at the time of birth'
Aanybody got any experience about Indian Municipality birth certificates in terms of address?
Shall we try to get it rectified?
Shall we get a UK birth certificate?

Kindly advise
Cheers

dude_123
Newbie
Posts: 49
Joined: Mon Jul 26, 2010 12:18 pm

Re: RoA CoE for a British citizen child born in India

Post by dude_123 » Mon Feb 20, 2017 8:46 pm

last week my child's CoE application was submitted at Hyderabad VFS center. they only accepted the copies and returned all originals (except original Indian passport).

today i have received an email that my child's online application has been received in Sheffield, UK. an application is currently being prepared for consideration by an Entry Clearance Officer.[/u]

i am not sure if this is the part of new process. has anybody also applied recently and have had similar response?

dude_123
Newbie
Posts: 49
Joined: Mon Jul 26, 2010 12:18 pm

Re: RoA CoE for a British citizen child born in India

Post by dude_123 » Sat Feb 25, 2017 6:01 am

with reference to my previous post ,my kid visa application for COE has been sent to UK. does that mean it will take longer time to process or is that usual way of processing?

User avatar
CR001
Moderator
Posts: 88738
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: RoA CoE for a British citizen child born in India

Post by CR001 » Sat Feb 25, 2017 1:05 pm

dude_123 wrote:with reference to my previous post ,my kid visa application for COE has been sent to UK. does that mean it will take longer time to process or is that usual way of processing?
It is the usual way of processing.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dude_123
Newbie
Posts: 49
Joined: Mon Jul 26, 2010 12:18 pm

Re: RoA CoE for a British citizen child born in India

Post by dude_123 » Fri Mar 10, 2017 4:35 pm

thanks my kids visa granted

Zun
Newly Registered
Posts: 24
Joined: Tue May 26, 2015 5:16 pm

Re: RoA CoE for a British citizen child born in India

Post by Zun » Sun Apr 02, 2017 2:46 am

Dear members
Hope you are well - if both parents are naturalized BC and child born in india - can the child apply for Indian passport ? What are the rules for this as the child is already british and obtaining a passport is a very long process.

To apply for ROA on Indian passport.


Thank you

Zun

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: RoA CoE for a British citizen child born in India

Post by vinny » Sun Apr 02, 2017 3:22 am

A British child, without a British passport, may apply for a CoE-RoA to be placed in a foreign passport. However, if neither parents are Indians, then is the child still eligible for an Indian passport?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Zun
Newly Registered
Posts: 24
Joined: Tue May 26, 2015 5:16 pm

Re: RoA CoE for a British citizen child born in India

Post by Zun » Sun Apr 02, 2017 4:12 am

Thank you Vinny.

Makes sense would need to register the child as Indian citizen first - apply for a passport -and the ROA.

Regards

Zun

vapudi
Newbie
Posts: 31
Joined: Fri May 19, 2017 11:13 am

Re: RoA CoE for a British citizen child born in India

Post by vapudi » Sat May 20, 2017 10:12 am

Friends,
First thing, Thanks for sharing your experiences here on this thread which is very helpful.

Can you suggest which one is better for my child born in India (father British via Naturalization, have been living in India for nearly 2 years until now) and mother Indian, no visa, not traveled to UK before.

1. Should we apply for "Right of Abode CoE" or "UK Passport"? Applying UK passport seem to be taking longer. Can you please suggest?

Once a child gets ROA CoE on Indian Passport, I guess the child can apply for British Citizenship and Passport once he/she is in the UK. Please correct if I am wrong.

Thanks for your time.

Locked