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New born baby in India to British mother and Indian father

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

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Mayamaddy
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New born baby in India to British mother and Indian father

Post by Mayamaddy » Tue Feb 09, 2021 6:19 pm

hi
My child was born in India in Oct 2020. The mother of the child is British citizen by.naturalization and Overseas citizen of India and father holds Indian.citizenship. which citizenship should be applied for the new born baby? Currently the baby along with the mother is in India..Please share useful links
Thanks
Maddy

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Re: New born baby in India to British mother and Indian father

Post by CULLINAN » Tue Feb 09, 2021 6:30 pm

The baby is automatically born British by descent. Apply for a British Passport.
Note, baby will not be able to pass on British Citizenship automatically to next generation born outside UK though.

https://www.gov.uk/overseas-passports

Assuming mother was British before Oct 2020.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

secret.simon
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Re: New born baby in India to British mother and Indian father

Post by secret.simon » Tue Feb 09, 2021 8:03 pm

Was the child born on or after the date on your naturalisation certificate?

If the answer to the above is yes, then the child is born a dual Indian/British citizen.

There are two options open to the parents;
a) The child can apply for an Indian passport and then a CoE-RoA. This route is faster, but more expensive (A CoE-RoA costs four times the cost of a British passport and must be renewed every time the Indian passport is replaced). However, this allows the child to hold both Indian and British citizenship until the age of 18, when the child must make a declaration to the Indian government as to which citizenship they want to hold.

b) The child can apply for a British passport. The process can take six months to a year. By acquiring a non-Indian passport, the child automatically loses Indian citizenship.

The proof for both processes is the same; your naturalisation certificate (proof of your British citizenship) and your relationship to the child (the child's birth certificate).

Some members on these forums (like @Bobthemoggie) have gone through these processes and may be able to advise you further.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Thu Feb 11, 2021 2:31 am

Thanks for the response. Yes the mother acquired British passport in 2014 through naturalisation.
@Bobthemoggie can you advise on the documentation for the British passport from India please.

Also what is an exit visa..pls.advise

Thanks

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Thu Feb 11, 2021 2:34 am

If we go for Indian passport, then we need to apply for visa as dependant child of British citizen?

secret.simon
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Re: New born baby in India to British mother and Indian father

Post by secret.simon » Thu Feb 11, 2021 2:38 am

Mayamaddy wrote:
Thu Feb 11, 2021 2:34 am
If we go for Indian passport, then we need to apply for visa as dependant child of British citizen?
No.

The child will be a British citizen by descent automatically and a visa can not be issued to a British citizen. Hence the application for a visa must fail.

If the child has an Indian passport, the only option for the child is a CoE-RoA, linked to in my earlier post.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Thu Feb 11, 2021 7:02 pm

Hi

Can anyone.advise which of the Two option 1.Indian passport+CoE RoA for UK
2.British passport
Is of more advantage?

With british.passport we don't.need visa for several countries. Except this is there any advantage when compared with option 1.

Can anyone provide list of documents for both options please.thanks
Maya

secret.simon
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Re: New born baby in India to British mother and Indian father

Post by secret.simon » Thu Feb 11, 2021 7:33 pm

Advantages of a British passport
a)Visa free travel, as you stated

Disadvantage of applying for a British passport from abroad
a) Can take upto a year for issue. So if you want to return to the UK before then, Indian passport+CoE is the the way to go.

Also, do you want the child to retain Indian citizenship? That is an important consideration for some parents.

Acquiring a British passport automatically voids the child's Indian citizenship, as per Indian law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Chanti1211
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Re: New born baby in India to British mother and Indian father

Post by Chanti1211 » Fri Feb 12, 2021 7:08 am

I am in the same situation and will be going for a British passport option.

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Fri Feb 12, 2021 6:16 pm

Is there any link to check current processing time for British passport from.overseas and also COE RoA... Has anyone in this forum applied recently, if so please advise processing time for both option.

Thanks

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Sat Feb 13, 2021 6:24 pm

I will not be able to.apply for CoE RoA for my child as the guidance states the British citizen should not have been outside UK more than 270 days. In my case as i came to India last year and it's.more than 270 days now

So only option is British passport. Can anyone advise what are the various groups in British passport supporting document indicate? I assume.based on the.country we.select in the British overseas tool.it automatically takes us to. Supporting documents page belonging to. Specific group?

Please can.i have list.of.documents for.british passport from India for new.born baby


Thanks
Maya

secret.simon
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Re: New born baby in India to British mother and Indian father

Post by secret.simon » Sat Feb 13, 2021 6:27 pm

Mayamaddy wrote:
Sat Feb 13, 2021 6:24 pm
the guidance states the British citizen should not have been outside UK more than 270 days.
Can you provide a link to the guidance you are reading? There is no limit on absence from the UK for British citizens.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Sat Feb 13, 2021 6:44 pm


Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Sat Feb 13, 2021 6:46 pm

Page 10 of MN1 document. Is this not the right document. Is the India. Passport +CoE RoA Complicated.route .

secret.simon
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Re: New born baby in India to British mother and Indian father

Post by secret.simon » Sat Feb 13, 2021 6:50 pm

Wrong guidance.

That guidance is for a Form MN1 application, which is for a non-British child to be registered as a British citizen.

The pages that you reference is for children of British citizens by descent born abroad. Because you naturalised as a British citizen, you are a British citizen otherwise than by descent and those pages do not apply to you or your child.

Conversely, your child's children (who would not be British citizens automatically, because your child was born abroad), could apply for British citizens using that procedure if they (your child's children) are also born outside the UK.

Your child is already a British citizen by descent (because the child was born abroad after the naturalisation of one of the parents) and therefore does not need registration. Indeed, the registration would fail because the child is already a British citizen.

The guidance for applying for a CoE-RoA is much briefer. You can apply online directly.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Sat Feb 13, 2021 7:00 pm

OK. Thanks for clarifying.

Do we need marriage certificate as in my.case mother is British citizen.

Also I have maternity entitlement letter from my employer (NHS) .can I.onclude that for.employer letter

Documents will be :
Birth certificate
Mothers naturalisation.certificate
Maternity letter

secret.simon
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Re: New born baby in India to British mother and Indian father

Post by secret.simon » Sat Feb 13, 2021 7:36 pm

Mayamaddy wrote:
Sat Feb 13, 2021 7:00 pm
Do we need marriage certificate as in my.case mother is British citizen.
No. It may have been required if the claim was through the father. But mater semper certa est.
Mayamaddy wrote:
Sat Feb 13, 2021 7:00 pm
Also I have maternity entitlement letter from my employer (NHS) .can I.onclude that for.employer letter
Not required. Indeed, there is no requirement for an employer letter. Remember that the applicant is not you, but the child and the child is (hopefully) not yet employed.

The proof required is listed on Page 11 of the RoA guidance that I linked to above.
Applicant was born outside the UK and the Falkland Islands on or after 1 January 1983, or outside the UK and any qualifying British overseas territory on or after 21 May 2002, to a parent born in the UK or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the UK prior to the applicant’s birth

• Applicant’s full birth certificate showing parents’ details,
• Parent’s marriage certificate (if claiming through father and applicant born before 1 July 2006), and
Parent’s full birth certificate, registration or naturalisation certificate
Note that neither your or your husband's birth certificate is required as neither of you were born British citizens. It is your naturalisation certificate (which is the basis of your claim to British citizenship) that is required.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Chanti1211
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Re: New born baby in India to British mother and Indian father

Post by Chanti1211 » Sun Feb 14, 2021 7:45 am

Mayamaddy wrote:
Sat Feb 13, 2021 6:24 pm
I will not be able to.apply for CoE RoA for my child as the guidance states the British citizen should not have been outside UK more than 270 days. In my case as i came to India last year and it's.more than 270 days now

So only option is British passport. Can anyone advise what are the various groups in British passport supporting document indicate? I assume.based on the.country we.select in the British overseas tool.it automatically takes us to. Supporting documents page belonging to. Specific group?

Please can.i have list.of.documents for.british passport from India for new.born baby

Thanks
Maya
I'm planning on applying in March at the UK Visa Application Centre (Hyderabad).

Here is the link for Overseas British passport application https://www.passport.service.gov.uk/ove ... hild/india

List of documents
1) Application form
2) 2 recent photos
3) Full birth certificate (showing both the child’s and parents’ details)
4) Marriage certificate
5) Mother's naturalisation certificate
6) Passports of both parents

Please carry original supporting documents and a colour photocopy of each one. The original documents will be returned to you on the day of the interview at the local UK Visa Application Centre

@secret.simon @Bobthemoggie
Please correct me if I missed anything or the information provided is incorrect.

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Sun Feb 14, 2021 8:13 am

@chanti1211
We don't need.any address proof documents n UK? When reading.through supporting documents group 3for British overseas passport table A has list of documents such.as utility bills, driving licence, Tax related documents.etc. is it not required to submit any of them for the mother who is the.british citizen..

I am.dilemma to.go.for.british passport due to.its.processing.time..

Chanti1211
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Re: New born baby in India to British mother and Indian father

Post by Chanti1211 » Sun Feb 14, 2021 8:45 am

UK passport will have the UK address on it.

table A has list of documents such.as utility bills, driving licence, Tax related documents.etc.
The application is for the child. If you have the documents on hand. You can add these as supporting documents to your application.

Chanti1211
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Re: New born baby in India to British mother and Indian father

Post by Chanti1211 » Sun Feb 14, 2021 9:00 am

I am.dilemma to.go.for.british passport due to.its.processing.time..

Below are the reasons why I have chosen a British passport option.
1) UK under lockdown
2) In the current situation, it is safe to stay where you are then travelling with the newborn
3) Application fee is less than £100
4) Flight cancellations

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Tue Feb 16, 2021 5:21 pm

@vinny are there any post or links where recent CoE RoA application for child in India has been discussed in detail. I tried to search and found four years older posts.

Please help so that i can get more clarity on this process

Thanks
Maya

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Mon Mar 01, 2021 2:38 pm

@chanti1211

Have you submitted the documents for British passport . For current address do we need to provide Indian address as am currently in India. We vacated the flat as we moved to India for six months for baby birth and yet to rent a flat n London .

Chanti1211
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Re: New born baby in India to British mother and Indian father

Post by Chanti1211 » Mon Mar 01, 2021 3:29 pm

Mayamaddy wrote:
Mon Mar 01, 2021 2:38 pm
@chanti1211

Have you submitted the documents for British passport . For current address do we need to provide Indian address as am currently in India. We vacated the flat as we moved to India for six months for baby birth and yet to rent a flat n London .
Not yet. I'm waiting for the child's birth certificate.

Mayamaddy
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Re: New born baby in India to British mother and Indian father

Post by Mayamaddy » Tue Mar 02, 2021 10:52 am

Hi

I have booked appointment for 12 March at Chennai
Following are the documents I have kept ready
1. OS application form filled and countersigned by British national
2.birth cert of the baby
3. Marriage cert
4. Naturalisation certificate of the mother only as Father is on Indian passport.
5.mother's hospital records throughout pregnancy and discharge summary when baby was born
6. Passport copies.for the parents
7. Payment instruction form.



Apart from this I will be taking colour photoocopy of all th above.

Do we needd any documents as evidence from UK or India address or identity such as UK driving licence or aadhar for the parents.

Also we don't have birth certificates for the parents. Is this required? Please advise

Another query do i need to.submit parent contact detail form as my husband will be travelling back to UK after the VFS appointment and mother and child will remain in India.

Thanks
Maya

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