Child born after parent ilr granted

vab · Post by **vab** » Tue Oct 20, 2020 1:16 pm

Hi Moderators/Guru

We are blessed with baby boy last week. I have rescheduled her biometric appointment in 1st week on November. Hopefully, by that time she will be fully recovered and able to to attained that.

I have separate query for my new born.

I know he is BC as I had settled status at his time of birth. My queries are as below:
1. Where I should update to NHS that he is entitled for free NHS service (no need to pay IHS) after three months?
2. Should I go for CoE ( RoA) or British passport for him? just trying to know difference and capacity of CoE.
3. While holding CoE, do i need tp pay IHS for him after three months and in future is it possible for him to get British passport?

TIA
Vab

vab · Post by **vab** » Tue Oct 20, 2020 2:23 pm

Have i posted in wrong place?

Please move to correct place is so.

TIA
Vab

CR001 · Post by **CR001** » Tue Oct 20, 2020 4:32 pm

1. You don't need to, child is automatically British.

2. Your choice. British Passport is cheaper and quicker. CoE sticker you need a foreign passport and CoE is only valid while a foreign passport is valid and has to be renewed each time when a new foreign passport is applied for.

3. No! Yes a British passport can be applied at any time.

vab · Post by **vab** » Wed Oct 21, 2020 11:59 am

Thanks CR001

Does CoE impose any restrictions citizenship other than travelling in EU/USA?

Will he retain his full rights such as benifits/ child care etcc.. as british citizen holding CoE?

I know this has to be decided on pesonal choice but i want to know any negative consequences in future after holding CoE.

TIA
Vab

CR001 · Post by **CR001** » Wed Oct 21, 2020 1:08 pm

The are no restrictions.

vab · Post by **vab** » Fri Oct 30, 2020 2:42 pm

Hi CR001

Is it possible to apply CoE in country ? I have seen in this forum that many have applied CoE out of country. Does it make any difference applying from inside or outside?
I am going for CoE as my home country (india) does not allow dual nationality.

TIA
Vab

secret.simon · Post by **secret.simon** » Fri Oct 30, 2020 3:04 pm

Apply for a certificate showing right of abode: Form ROA

vab wrote: ↑
Wed Oct 21, 2020 11:59 am
Does CoE impose any restrictions citizenship other than travelling in EU/USA?

The only downside of CoE-RoA is that it does not state that the holder is a British citizen.

While within the UK, they would have all the rights of a British citizen, abroad they would be treated solely as the citizen of the country that they hold the passport of. So they will not be able to rely on or access consular support from the British diplomatic authorities, etc. They will instead need to rely on the diplomatic aegis of the country of their passport.

There is also the factor of cost. A CoE-RoA costs four times (about £250 or so) as much as a passport and only lasts the lifetime of the passport. Generally, a child's passport lasts five years. So you will need to apply for a CoE-RoA every five years.

vab · Post by **vab** » Fri Oct 30, 2020 3:30 pm

secret.simon wrote: ↑
Fri Oct 30, 2020 3:04 pm
Apply for a certificate showing right of abode: Form ROA
vab wrote: ↑
Wed Oct 21, 2020 11:59 am
Does CoE impose any restrictions citizenship other than travelling in EU/USA?
The only downside of CoE-RoA is that it does not state that the holder is a British citizen.

While within the UK, they would have all the rights of a British citizen, abroad they would be treated solely as the citizen of the country that they hold the passport of. So they will not be able to rely on or access consular support from the British diplomatic authorities, etc. They will instead need to rely on the diplomatic aegis of the country of their passport.

There is also the factor of cost. A CoE-RoA costs four times (about £250 or so) as much as a passport and only lasts the lifetime of the passport. Generally, a child's passport lasts five years. So you will need to apply for a CoE-RoA every five years.

Thanks secret_simon.

I have understood this and also aware of costs.
At the moment, we (me and my wife) both holding indian passport and in coming future say 5 years time we would like to see ourselves in India. It is difficult to get Indian citizenship if one hold any ither nationallity. This is reseaon i am going for CoE for new born.
Later if we change our mind we will go for citizenship by naturalization and new born will apply straight away british passport by surrending CoE.

Do you agree with steps i m taking considering our open plan for future. If you notice any wrong which may cause problem in future, please correct me.

TIA
Vab

secret.simon · Post by **secret.simon** » Fri Oct 30, 2020 4:07 pm

vab wrote: ↑
Fri Oct 30, 2020 3:30 pm
Later if we change our mind we will go for citizenship by naturalization

Keep in mind that ILR will expire after two years of absence from the UK (and that short visits will not count for retaining ILR).

Also if you plan to apply for naturalisation, there are absence and physical presence (in the UK) requirements that need to be met. A long absence from the UK will complicate any future naturalisation application.

vab · Post by **vab** » Fri Oct 30, 2020 5:23 pm

secret.simon wrote: ↑
Fri Oct 30, 2020 4:07 pm

vab wrote: ↑
Fri Oct 30, 2020 3:30 pm
Later if we change our mind we will go for citizenship by naturalization
Keep in mind that ILR will expire after two years of absence from the UK (and that short visits will not count for retaining ILR).

Also if you plan to apply for naturalisation, there are absence and physical presence (in the UK) requirements that need to be met. A long absence from the UK will complicate any future naturalisation application.

Hi I am aware of all this. Thanks for pointing it out.

I think you are refering to 450 days absence throughout 5 years and 90 days absences in qualifying year. We will keep this in mind and minimize it. I think for CoE there is no restriction regarding absences and physical presence.

TIA
Vab

secret.simon · Post by **secret.simon** » Fri Oct 30, 2020 6:05 pm

vab wrote: ↑
Fri Oct 30, 2020 5:23 pm
I think for CoE there is no restriction regarding absences and physical presence.

No there is no limit on absences/physical presence for CoE as CoE is only given if the applicant is already a British citizen.

vab wrote: ↑
Fri Oct 30, 2020 5:23 pm
I think you are refering to 450 days absence throughout 5 years and 90 days absences in qualifying year.

Also the requirement to be physically present in the UK at the start of the five year period immediately preceding the date of application for naturalisation.

vab · Post by **vab** » Wed Nov 25, 2020 10:56 pm

Hi secret.simom

I have a concern which is created by one of my friend.

According to him, if I apply for indian passport for my baby he will loose his British citizenship and since he has other passport he will be under immigration control. Please note I had ILR before at time of his birth.
I argued him as "NO" but would like to have expert opinion.

TIA
Vab

secret.simon wrote: ↑
Fri Oct 30, 2020 6:05 pm

vab wrote: ↑
Fri Oct 30, 2020 5:23 pm
I think for CoE there is no restriction regarding absences and physical presence.
No there is no limit on absences/physical presence for CoE as CoE is only given if the applicant is already a British citizen.

vab wrote: ↑
Fri Oct 30, 2020 5:23 pm
I think you are refering to 450 days absence throughout 5 years and 90 days absences in qualifying year.
Also the requirement to be physically present in the UK at the start of the five year period immediately preceding the date of application for naturalisation.

secret.simon · Post by **secret.simon** » Thu Nov 26, 2020 6:24 am

vab wrote: ↑
Wed Nov 25, 2020 10:56 pm
According to him, if I apply for indian passport for my baby he will loose his British citizenship and since he has other passport he will be under immigration control.

The UK allows multiple citizenship and allows the child to have as many passports as it is entitled to under the laws of the relevant nations. It is not fussed. Indian law, on the other hand, is quite bothered with how many passports its citizens hold.

As I understand it, if you apply for a British passport for your child, they will lose their Indian citizenship automatically. If you want the child to hold both nationalities, you will have to apply for an Indian passport and then apply for a CoE-RoA in the Indian passport.

vab · Post by **vab** » Fri Nov 27, 2020 4:12 am

secret.simon wrote: ↑
Thu Nov 26, 2020 6:24 am

vab wrote: ↑
Wed Nov 25, 2020 10:56 pm
According to him, if I apply for indian passport for my baby he will loose his British citizenship and since he has other passport he will be under immigration control.
The UK allows multiple citizenship and allows the child to have as many passports as it is entitled to under the laws of the relevant nations. It is not fussed. Indian law, on the other hand, is quite bothered with how many passports its citizens hold.

As I understand it, if you apply for a British passport for your child, they will lose their Indian citizenship automatically. If you want the child to hold both nationalities, you will have to apply for an Indian passport and then apply for a CoE-RoA in the Indian passport.

Thanks @secret.simon to confirm this.

vab · Post by **vab** » Mon Nov 30, 2020 5:02 am

Hi secret.simon

I have further two queries.

Will getting CoE on Indian passport cease my child indian citizenship since CoE is given to British citizen only?

secret.simon wrote: ↑
Thu Nov 26, 2020 6:24 am

vab wrote: ↑
Wed Nov 25, 2020 10:56 pm
According to him, if I apply for indian passport for my baby he will loose his British citizenship and since he has other passport he will be under immigration control.
The UK allows multiple citizenship and allows the child to have as many passports as it is entitled to under the laws of the relevant nations. It is not fussed. Indian law, on the other hand, is quite bothered with how many passports its citizens hold.

As I understand it, if you apply for a British passport for your child, they will lose their Indian citizenship automatically. If you want the child to hold both nationalities, you will have to apply for an Indian passport and then apply for a CoE-RoA in the Indian passport.

secret.simon · Post by **secret.simon** » Mon Nov 30, 2020 12:02 pm

vab wrote: ↑
Mon Nov 30, 2020 5:02 am
Will getting CoE on Indian passport cease my child indian citizenship since CoE is given to British citizen only?

No, because it is not a foreign passport.

India allows dual citizenship if the child is born with dual Indian/other citizenship (i.e. either to Indian parents with ILR before the child's birth in India OR to a British citizen and Indian citizen in India). Indian citizenship is lost if the child is registered or naturalised at any time after birth.

However, if they acquire a foreign passport, even that dual citizenship permitted to a child born with dual citizenship comes to an end.

vab · Post by **vab** » Wed Dec 02, 2020 9:31 pm

Hi secret.simon

Thanks for your reply.

For in-country application for CoE, they require passport with immigration stamp. But in my case, my son is born in UK and this will be his first passport.
Do I need to provide cover letter explaining this ?

They also ask for 5 years of UK address but he is two months old only.

I am considering documents below to support application. Can you comment on this and suggest if something to add.

1. My son passport.
2. my son UK birth certificate
3. My son two passport photos
4. My passport and BRP
5. My wife passport and BRP
6. Our marriage certificate (issued in India).

Thanks
Vab

secret.simon wrote: ↑
Mon Nov 30, 2020 12:02 pm

vab wrote: ↑
Mon Nov 30, 2020 5:02 am
Will getting CoE on Indian passport cease my child indian citizenship since CoE is given to British citizen only?
No, because it is not a foreign passport.

India allows dual citizenship if the child is born with dual Indian/other citizenship (i.e. either to Indian parents with ILR before the child's birth in India OR to a British citizen and Indian citizen in India). Indian citizenship is lost if the child is registered or naturalised at any time after birth.

However, if they acquire a foreign passport, even that dual citizenship permitted to a child born with dual citizenship comes to an end.

vab · Post by **vab** » Thu Dec 03, 2020 12:37 pm

Hi

Any help?

Vab

secret.simon wrote: ↑
Mon Nov 30, 2020 12:02 pm

vab wrote: ↑
Mon Nov 30, 2020 5:02 am
Will getting CoE on Indian passport cease my child indian citizenship since CoE is given to British citizen only?
No, because it is not a foreign passport.

India allows dual citizenship if the child is born with dual Indian/other citizenship (i.e. either to Indian parents with ILR before the child's birth in India OR to a British citizen and Indian citizen in India). Indian citizenship is lost if the child is registered or naturalised at any time after birth.

However, if they acquire a foreign passport, even that dual citizenship permitted to a child born with dual citizenship comes to an end.

secret.simon · Post by **secret.simon** » Thu Dec 03, 2020 5:19 pm

vab wrote: ↑
Wed Dec 02, 2020 9:31 pm
For in-country application for CoE, they require passport with immigration stamp. But in my case, my son is born in UK and this will be his first passport.
Do I need to provide cover letter explaining this ?

I am afraid I do not know the details of the requirements for CoE-RoA. I don't think there should be any requirement for a passport with an immigration stamp, but if there is, as you suggested, write a cover letter. And wait for others with more first-hand experience to respond to this query.

vab wrote: ↑
Wed Dec 02, 2020 9:31 pm
They also ask for 5 years of UK address but he is two months old only.

I am considering documents below to support application. Can you comment on this and suggest if something to add.

1. My son passport.
2. my son UK birth certificate
3. My son two passport photos
4. My passport and BRP
5. My wife passport and BRP
6. Our marriage certificate (issued in India).

Again, wait for others with more first-hand experience to respond.

vab · Post by **vab** » Sun Jan 31, 2021 3:31 pm

Hi secret.simon.

I am all set to apply for CoE for my new born.

I have one question. I am going to change my address in March. Is there any possibly to communicate with Home office after application?

If home ofiice does not make decisions untill March then how to tell them new address?

Thanks
Vab

secret.simon wrote: ↑
Thu Dec 03, 2020 5:19 pm

vab wrote: ↑
Wed Dec 02, 2020 9:31 pm
For in-country application for CoE, they require passport with immigration stamp. But in my case, my son is born in UK and this will be his first passport.
Do I need to provide cover letter explaining this ?
I am afraid I do not know the details of the requirements for CoE-RoA. I don't think there should be any requirement for a passport with an immigration stamp, but if there is, as you suggested, write a cover letter. And wait for others with more first-hand experience to respond to this query.

vab wrote: ↑
Wed Dec 02, 2020 9:31 pm
They also ask for 5 years of UK address but he is two months old only.

I am considering documents below to support application. Can you comment on this and suggest if something to add.

1. My son passport.
2. my son UK birth certificate
3. My son two passport photos
4. My passport and BRP
5. My wife passport and BRP
6. Our marriage certificate (issued in India).
Again, wait for others with more first-hand experience to respond.

vab · Post by **vab** » Mon Feb 01, 2021 12:03 pm

Anyone please???

vab wrote: ↑
Sun Jan 31, 2021 3:31 pm
Hi secret.simon.

I am all set to apply for CoE for my new born.

I have one question. I am going to change my address in March. Is there any possibly to communicate with Home office after application?

If home ofiice does not make decisions untill March then how to tell them new address?

Thanks
Vab

secret.simon wrote: ↑
Thu Dec 03, 2020 5:19 pm

vab wrote: ↑
Wed Dec 02, 2020 9:31 pm
For in-country application for CoE, they require passport with immigration stamp. But in my case, my son is born in UK and this will be his first passport.
Do I need to provide cover letter explaining this ?
I am afraid I do not know the details of the requirements for CoE-RoA. I don't think there should be any requirement for a passport with an immigration stamp, but if there is, as you suggested, write a cover letter. And wait for others with more first-hand experience to respond to this query.

vab wrote: ↑
Wed Dec 02, 2020 9:31 pm
They also ask for 5 years of UK address but he is two months old only.

I am considering documents below to support application. Can you comment on this and suggest if something to add.

1. My son passport.
2. my son UK birth certificate
3. My son two passport photos
4. My passport and BRP
5. My wife passport and BRP
6. Our marriage certificate (issued in India).
Again, wait for others with more first-hand experience to respond.

vinny · Post by **vinny** » Mon Feb 01, 2021 1:12 pm

Apply after moving?

vab · Post by **vab** » Mon Mar 15, 2021 11:40 pm

Hi Vinny

I followed your suggestion and now i m in position to apply for CoE-RoA.

Could you please advise if i need to send my original BRP or photocopy of brp would be enough to establish his RoA?

I am sending his passport , my ILR copy and two photographs along with application.

Thanks in advance
Vab

vinny wrote: ↑
Mon Feb 01, 2021 1:12 pm
Apply after moving?

vinny · Post by **vinny** » Tue Mar 16, 2021 1:08 pm

The application should specify.

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