Baby born outside UK to British Father and mother with ILR

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Baby born outside UK to British Father and mother with ILR

Postby notyet » Mon Sep 28, 2009 11:40 pm

Hi,
I have ILR and my husband is british. I wish to have my baby born in India but to be registered as British citizen.

1. Can I register his birth upon return to UK? i.e does he need a passport to travel to the UK, given that he is born as a british citizen by descent to a british father?

2. If the answer to question 1 is no, how can I get him a british passport while in India? Any idea how long it takes and more details about how and where to apply?

Many thanks!
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Postby JAJ » Tue Sep 29, 2009 3:43 am

How did husband get British citizenship?
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Postby notyet » Tue Sep 29, 2009 8:38 am

husband became british citizen by naturalisation
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Postby John » Tue Sep 29, 2009 10:38 am

husband became british citizen by naturalisation


That being the case, your husband is British otherwise than by descent, and accordingly his children will be British, wherever in the world they are born.

So register the birth in India in the normal way, then apply to the BHC in India for a British passport for your child.

As regards travel to the UK, obviously your child needs a passport, and as your child will not be Indian, clearly it is a British passport that must be obtained.
John
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Postby Richard66 » Tue Sep 29, 2009 10:45 am

But bear in mind your child will be British by descent, that is, if it has children born outside the UK they will not automatically be British.
Aiming at travelling to the UK with my wife and not with an EEA FP!
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Postby notyet » Tue Sep 29, 2009 10:59 am

Thanks both for your quick replies!

does my husband need to be physically present in india for us to apply for a passport for the child? I am trying to contact a BHC office, but no answer on the phone.
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