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British Citizenship for New Borns From India

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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Singhy
Newbie
Posts: 34
Joined: Sun Jan 13, 2013 12:18 am

British Citizenship for New Borns From India

Post by Singhy » Tue Sep 27, 2022 8:42 pm

Dear Mods / Team

I am in a bit of a unique situation and was hoping to get some guidance / steer from the experts here.

A little bit of background -


Me and my wife are British Citizens (through Naturalisation) from 2016 onwards with OCI. We have a son who was born in India in 2014 and is also a British Citizen from 2016 onwards.

Back in 2020 , we decided to shift back to India to be with our parents and family etc. My wife and son moved to India mid 2020 and since then have spent majority of their time there with occasional visits to England for holidays.

I on the other hand , barring 6-8 months spent in India (remote working) in the last 12 months have primarily been in England as the plan was to wrap up everything in England and then join the family but it got delayed / extended due to COVID out break.

Problem Statement -


My wife is in India and we are expecting and the due date of baby(ies) is in January 2023.

1. How do I go about to apply for British passport for my new born(s) from India ?
2. Will they be automatically eligible for British Citizenship (considering the time spent by me and my wife out of England in last 2 years) OR do I need to think / prepare for some special nuances ?
3. Going through https://www.gov.uk/apply-citizenship-br ... -july-2006 , I am not able to get clarity if my new borns will automatically be British citizens (i.e. we can pass on our citizenship to them)


I was wondering if anyone would be kind enough to give me some guidance on this pls. AND i am hoping I have posted this query on the right thread.

Looking forward to hear from you.

Best.

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alterhase58
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Posts: 7573
Joined: Thu Aug 25, 2016 11:02 pm
Location: UK Bucks
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Re: British Citizenship for New Borns From India

Post by alterhase58 » Tue Sep 27, 2022 9:31 pm

Singhy wrote:
Tue Sep 27, 2022 8:42 pm
1. How do I go about to apply for British passport for my new born(s) from India ?
Apply directly to HMPO: https://www.gov.uk/overseas-passports
2. Will they be automatically eligible for British Citizenship (considering the time spent by me and my wife out of England in last 2 years) OR do I need to think / prepare for some special nuances ?
As you are British citizens the new born will automatically be British (by descent) - your absence from the UK is not an issue, as citizens you can come and go as you wish. Note that if newborn would remain in India they cannot pass their British citizenship to their children if born outside the UK.
3. Going through https://www.gov.uk/apply-citizenship-br ... -july-2006 , I am not able to get clarity if my new borns will automatically be British citizens (i.e. we can pass on our citizenship to them)
As both parents are British, newborn will be British, irrespective of where they are born.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Singhy
Newbie
Posts: 34
Joined: Sun Jan 13, 2013 12:18 am

Re: British Citizenship for New Borns From India

Post by Singhy » Fri Oct 07, 2022 9:39 am

Many thanks

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