Applying for ILR for my child

[anuptosh]

Hi,

My child is just two months old now. He was born after me and my wife got our ILR. We are also eligible for British citizenship.

I understand that my child is directly eligible for British citizenship.

I am a little confused on whether I should apply for Indian passport and ILR OR directly British Citizenship for him.

Can someone provide me details / links for the below:

1. Applying for ILR for my child. Does it have to a fresh application for ILR stamping or is there another form for a new born whose parents already have ILR.
2. Details and cost for applying for British passport for my child
3. Details and cost for applying for naturilisation and British passport for me, my wife and elder child.

Also there is no point in just taking citizenship for my new born child and me, my wife and elder child to remain on ILR.

Please help with the requested details. It will help me taking a final decision to which options to go for.

Please advise.

[geriatrix]

Self
You may apply for naturalisation as and when you fulfil the standard requirements. If you already do (meet the requirements), you may apply any day.

Spouse
Your spouse may apply for naturalisation through either of the following routes:
Route 1 - Complete 5 years in the UK and upon fulfilling standard requirements apply for naturalisation.
Route 2 - After you are granted British citizenship (naturalisation certificate), your spouse may then apply for naturalisation as spouse of British citizen as and when requirements for spouse /civil partners are met.

Born-abroad child
For a born-abroad child under 18, born before either parent has naturalised, application for registration as British citizen may be submitted either at the same time as either parent's naturalisation application or after either parent has naturalised (see also 9.17.9). Registration subject to discretion under section 3(1) of BNA 1981.
For born-abroad child, born after either parent has acquired British citizenship otherwise than by descent, the child is British by descent.

UK-Born child
For a child born in the UK before either parent has settled status, the child is entitled to be registered as British citizen under section 1(3) of BNA 1981.
A child born in the UK after either parent was granted settled status is a British citizen by birth.

[geriatrix]

Applying for your first adult passport
Applying for a new or renewed child passport

[geriatrix]

Since your younger child is a British citizen by birth, he cannot apply for settlement. If you do not wish to apply for a British passport for him (and want an Indian passport for him), then he may apply for CoE on his Indian passport.

Also, whether you wish to apply for Indian passport or a British passport for him, is your choice.

[manyaonisland]

sushdmehta - Great details here ... i hope you know you are a star!

[anuptosh]

Thanks sushdmehta for your help and advise.

[anuptosh]

Hi sushdmehta,

Had a look again at the details of COE. I need some more clarifications/details on some points.

1. I did not get much information about application for CoE can be done by a citizen of another country .. in this case , my son will be an Indian citizen because i will be applying for CoE on his indian passport.

2. After the CoE certification on his passport, will be still be eligible for British citizenship. For e.g, if we go back to India in a couple of years and he wants to come back to UK, can he still come back when he reaches 18 yrs without any restriction and apply for citizenship directly ..

Please help me in whatever best way possible

[anuptosh]

Does the right to abode OR CoE certification on a non-British passport allow the person to come to or go from UK unconditionally for a British citizen by birth.

Is there any restriction on when to arrive, how long to stay etc ?

Does a citizen by birth have to taken the british citizenship after he/she comes back after a long time from another country ?

[vinny]

Your son is British, if he was born in the UK. That's why he is able to apply for a CoE.

[anuptosh]

That's clear now. But is there any restriction for him to come back to UK after 10 to 15 yrs, will that be allowed to him in a situation where he will be a British but having an indian passport and right to abode certificate on it.

So are there any restrictions ? Can he apply for British passport as soon as he comes back after reaching 18 yrs ?

Thanks for your help.

[vinny]

No restrictions if he is British! The question you should consider is his eligibility for an Indian passport.

[anuptosh]

At the moment, my son does not have any passport. The reason why I am asking about the conditions of right to abode is because I want to differentiate between my elder son and younger son. My elder son has an Indian passport with ILR stamp. So if we go to India for good, he will be not be able to come back. Right ? And from what I understand CoE on a non British passport will allow one to come back to Uk anytime in his life without any restrictions, which will hold true for my younger son.

Also I am quite sure that I can apply for Indian passport for my son. I know of a good friend who has gone back to india. He had a British passport and his son was born in Uk. He got an Indian passport for him but no CoE just because the family were not coming back to India. Still I will call the consulate to clarify all the details.

Can you just confirm that CoE will allow someone on a non British passport to come back to Uk anytime in his life without any restriction. I need this clear answer as I want to then decide so as to not differentiate on the status of both of my sons.

[anuptosh]

Sorry correction : because I do not want to differentiate between my elder son and younger son

[vinny]

There is a difference, with regards to citizenship, between your elder and younger sons. A CoE or British passport just proves your younger son's status.