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Citizenship for new baby

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

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

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mskemails
Newly Registered
Posts: 18
Joined: Wed Mar 26, 2008 10:36 am

Citizenship for new baby

Post by mskemails » Wed Jan 05, 2011 3:28 pm

Hi

I am an Indian and currently in PR visa and will be eligible for Citizenship in Aug 2011. now my wife is pregnant and expecting baby next month (Feb 2011) delivery is going to be in the UK

I am planning to do the following for baby's visa

1. register my baby as Indian citizen (in Indian embassy,London)
2. apply for dependent visa with UKBA , I assume that baby will get PR directly, Is that correct?
3. coming Augest, we all can apply for citizenship

will this workout? Is there any problem ?

Will my baby have to live in UK minimum 1 year on PR to get Citizenship ? Or since the depedent(baby) is in under 18 , they get citizenship without any problem

(I know that PR holders' baby can get Citizenship straightaway if they born in UK but I want the baby as Indian citizen first)

Any advice/guidence would be really helpful here. Thanks

MSK

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 9:40 am

Re: Citizenship for new baby

Post by boloney » Wed Jan 05, 2011 10:36 pm

mskemails wrote:Hi

I am an Indian and currently in PR visa and will be eligible for Citizenship in Aug 2011. now my wife is pregnant and expecting baby next month (Feb 2011) delivery is going to be in the UK

I am planning to do the following for baby's visa

1. register my baby as Indian citizen (in Indian embassy,London)
2. apply for dependent visa with UKBA , I assume that baby will get PR directly, Is that correct?
3. coming Augest, we all can apply for citizenship

will this workout? Is there any problem ?

your baby will be Born as British citizen under BNA 1981 section 1(1)

Will my baby have to live in UK minimum 1 year on PR to get Citizenship ? Or since the depedent(baby) is in under 18 , they get citizenship without any problem

(I know that PR holders' baby can get Citizenship straightaway if they born in UK but I want the baby as Indian citizen first)

Any advice/guidence would be really helpful here. Thanks

MSK

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Jan 06, 2011 2:34 am

If a parent has ILR/PR, then baby subsequently born in UK will automatically be 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.

mskemails
Newly Registered
Posts: 18
Joined: Wed Mar 26, 2008 10:36 am

Post by mskemails » Thu Jan 06, 2011 12:10 pm

Thanks Vinny,

yes I know that but I want to register the baby as Indian Citizen first
so that all our family members will be in the same track to avoid any confilicts in future (travel to India or return to India)

do you have any idea ?

MSK

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Post by Greenie » Thu Jan 06, 2011 1:48 pm

As Vinnie says the child will automatically be British by birth, you don't need to make any application for him to be British. If you try to make a settlement application UKBA will not consider it because they child is already British.

Your issue is to do with Indian nationality to perhaps you need to speak to your embassy/consulate or seek advice from someone trained in Indian nationality law. I think there are quite a few posts about dual nationality for children under Indian law in this forum.

mskemails
Newly Registered
Posts: 18
Joined: Wed Mar 26, 2008 10:36 am

new born baby in UK for settlement

Post by mskemails » Mon Feb 28, 2011 4:43 pm

Hi Greenie,

Thats really bad news

can you please confirm me that UKBA will not consider the settlement visa for my child (any url/documents from UKBA)..

Thanks for you help ...


Regards
Karthik

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Mon Feb 28, 2011 5:41 pm

As per my understanding (and I stand to be corrected), the following may be the only option for your (British citizen by birth) child to have a "UK immigration" vignette on a valid Indian passport:

For the time that your child holds a "valid" Indian passport (and no British passport), your child may be eligible for certificate of entitlement to right of abode. See Guide ROA for details.


regards

devang99
Newly Registered
Posts: 8
Joined: Fri Dec 18, 2009 5:10 pm

Re: new born baby in UK for settlement

Post by devang99 » Mon Mar 07, 2011 12:18 pm

Karthik,

Why you want to apply in this manner , there will be too much cost will be involve ,

1) first you apply for Indian Passport then apply for ILR visa
2) Apply for UK Citizenship with you which is also not free and then apply for Dual visa .. what is point ?

I think you should apply UK passport for Child straight away and apply for Indian OIC visa or normal visa ..

mskemails
Newly Registered
Posts: 18
Joined: Wed Mar 26, 2008 10:36 am

new born baby in UK for settlement

Post by mskemails » Mon Mar 14, 2011 10:39 am

Dear all

Thanks for your valuable comments.

since parents are on ILR , UKBA will NOT consider/issue ILR for their child born in UK ( I found another thread in our forum that the ILR application got rejected since the baby is alreay BritishCitizen - as you said)

now I need to apply for British passport when baby needs

Thanks again

MSK
Last edited by mskemails on Wed Apr 06, 2011 1:08 pm, edited 1 time in total.

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