ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Child Born in India, UK Citizenship

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

Locked
sandeepkintali
Newly Registered
Posts: 7
Joined: Tue Apr 13, 2021 12:34 pm

Child Born in India, UK Citizenship

Post by sandeepkintali » Mon Jul 12, 2021 10:45 am

Dear Admins,

My wife is planning to go to India for her delivery. My understanding is that there are two ways of getting the British Citizenship for the baby.

Option 1: Apply directly for British passport in India on the basis that both parents are British Citizens
Option 2: Get Indian passport and return to UK on Visa. Surrender Indian passport and apply for British Citizenship in UK

I have heard from different sources that currently due to Covid, it is more than 12 months to get British Passport in India. Therefore, option 1 is not suitable for us as she needs to return back to UK before 12 months.

Can you please let me know if there are any disadvantages associated with Option 2? i.e. is it difficult to surrender the Indian passport in UK and get British Citizenship, does it have any impact for the baby in the future. Or any other point that we should keep in mind if we go for option 2.

Thanks in Advance
Sandeep

User avatar
CR001
Moderator
Posts: 86994
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Child Born in India, UK Citizenship

Post by CR001 » Mon Jul 12, 2021 1:25 pm

If both parents are British, the child cannot apply for an Indian passport.

Your only option is a British passport or have the baby born in the UK and then travel after you have the British passport and relevant visa or Oci for the child
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child Born in India, UK Citizenship

Post by secret.simon » Mon Jul 12, 2021 6:27 pm

@CR001 is correct.

Indian law requires that for a child to be born an Indian citizen in India (which is needed to hold an Indian passport), at least one parent must be an Indian citizen at the time of the child's birth in India.

By acquiring British citizenship, both parents have lost Indian citizenship automatically (by operation of Indian law) and hence the conditions for the child to have Indian citizenship (needed to apply for an Indian passport) are not met.

Also, in any case, if the child is born to a British citizen by naturalisation abroad, the child is born a British citizen and can't be issued a visa to enter the UK. You would need to apply for a CoE-RoA, not a visa.
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.

sandeepkintali
Newly Registered
Posts: 7
Joined: Tue Apr 13, 2021 12:34 pm

Re: Child Born in India, UK Citizenship

Post by sandeepkintali » Tue Jul 13, 2021 12:16 pm

Thanks Both.

Do you have any idea how much time it would take to get the British Passport and exit visa for the baby in India?

User avatar
CR001
Moderator
Posts: 86994
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Child Born in India, UK Citizenship

Post by CR001 » Tue Jul 13, 2021 12:27 pm

A British passport can take anywhere between 15 weeks and a year.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sandeepkintali
Newly Registered
Posts: 7
Joined: Tue Apr 13, 2021 12:34 pm

Re: Child Born in India, UK Citizenship

Post by sandeepkintali » Tue Jul 13, 2021 3:44 pm

Thanks.

Can we bring back the baby with just the CoE/RoA and apply for the British passport once the baby is in UK? How much time does it take to get the CoE/RoA?

sandeepkintali
Newly Registered
Posts: 7
Joined: Tue Apr 13, 2021 12:34 pm

Re: Child Born in India, UK Citizenship

Post by sandeepkintali » Tue Jul 13, 2021 3:44 pm

Thanks.

Can we bring back the baby with just the CoE/RoA and apply for the British passport once the baby is in UK? How much time does it take to get the CoE/RoA?

User avatar
CR001
Moderator
Posts: 86994
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Child Born in India, UK Citizenship

Post by CR001 » Tue Jul 13, 2021 4:14 pm

No, you can't because to apply for Coa, the child's needs a foreign passport, which you cant apply for.

Deliver the baby in the UK is the simplest and quickest solution, especially during a pandemic. Do you really want to risk your wife and baby getting sick in a hospital abroad?

Once child is born, get a British passport and necessary visa and then travel to India.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sandeepkintali
Newly Registered
Posts: 7
Joined: Tue Apr 13, 2021 12:34 pm

Re: Child Born in India, UK Citizenship

Post by sandeepkintali » Wed Jul 14, 2021 2:14 pm

Thanks for the guidance

raaji
Junior Member
Posts: 69
Joined: Mon Dec 20, 2010 8:46 pm

Re: Child Born in India, UK Citizenship

Post by raaji » Mon Jul 19, 2021 10:36 am

Absolutely correct.

I was struggling to bring my baby born in sri Lanka.

went for a holiday last year march 2020.

end of April wife was pregnant and due to covid doctors suggest no to travel

I comeback June and baby born December 2020.

me -British wife - ILR

Applied to settlement visa for new born on march 2021 and 5 months no decision yet.

no priority service available for this visa

better don't travel

Locked
cron