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Naturalised british father,indian mother,baby born in India?

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clover
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Naturalised british father,indian mother,baby born in India?

Post by clover » Thu Aug 13, 2015 4:48 pm

Hi everyone,
I'm new here and extremely confused.

My husband is a naturalised british citizen and I'm Indian and on a depenedant visa.

I've been in the UK since January 11th, 2015. I am pregnant and planning to go to India for the delivery(december 2015). Everything was fine- I thought once the baby is born, we'll get him a British passport and come back. But then someone asked me - if the baby gets a British passport, how can he stay in India as british citizens need a visa to stay in India. This is confusing me and I'm not able to find much details about this online. Can someone who has been in a similar situation please help me?

Also, do we apply for the baby's passport from the high commission in Madras (closest to me) or apply directly via post to the UK?

I will most likely be in India from the end of August till the baby's passport comes- which I heard can take a LONG time, will this time apart from the UK affect my visa extension?

Also what is the average time for the baby's passport to come back? The website says 16 weeks but my friend who is an immigration lawyer (but stingy with information) says a lot of mums and babies are stuck in India for over a year. I'm getting super stressed about this!

Thanks very much! All help is appreciated!

geriatrix
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Re: Naturalised british father,indian mother,baby born in In

Post by geriatrix » Thu Aug 13, 2015 5:15 pm

Options:
1. Apply for Briritsh passport in India (6 months or more) and then apply for exit visa / OCI from FRRO.
or
2. Apply for Indian passport, and then apply for CoE-RoA (6 months or more).
or
3. Let the baby be born in UK.

Child born outside UK will be British by descent.
Life isn't fair, but you can be!

secret.simon
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Re: Naturalised british father,indian mother,baby born in In

Post by secret.simon » Thu Aug 13, 2015 5:32 pm

Personally, I would strongly recommend that you give birth in the UK.

There are threads on these forums that suggest that either option, that of getting a British passport or that of an Indian passport with a Certificate of Entitlement-Right of Abode (CoE-RoA), are taking between six months to a year to get.

Remember that because the father is a British citizen, the child is automatically a British citizen and is ineligible to apply for a visa. As a British citizen, s/he has a right to be in the UK and just needs the appropriate travel documents (a passport, with a CoE-RoA on a non-British passport). It is just that getting those documents can take a long while.

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

Re: Naturalised british father,indian mother,baby born in In

Post by secret.simon » Thu Aug 13, 2015 5:57 pm

http://www.immigrationboards.com/britis ... -1660.html
While you do not need to worry about the MN1 part, keep an eye on the passport applications timelines in it.

http://www.immigrationboards.com/britis ... 8-180.html

http://www.immigrationboards.com/immigr ... 88799.html
This thread suggests that you can not extend leave from outside the UK. So make sure that you have atleast about 18 months leave before you leave. It could also impact future renewal applications.

clover
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Joined: Thu Aug 13, 2015 4:37 pm

Re: Naturalised british father,indian mother,baby born in In

Post by clover » Fri Aug 28, 2015 11:48 am

Thanks everyone.
I reached India on Monday and just checked this board. So confused. Everyone's recommending me to have the baby in the UK. Don't know how I'll tell my parents now - it's still safe for me to travel. I don't know why the UK gov website makes it look so easy. And says it only takes 16 weeks.
Has anyone had it easy?
Thanks again.

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