Seeking Advice on Retaining Indian Citizenship for Baby Born in the UK While Parents Hold ILR Status

Dear [Forum/Group],

My wife is due to deliver our baby in the summer of 2025 and I am seeking advice on the possible options regarding my child’s citizenship and travel privileges. Both parents currently hold Indefinite Leave to Remain (ILR) status in the UK. Before the baby is born, one of the parents may also apply for British Citizenship.

My main concern is ensuring that our child retains Indian citizenship after birth, while also understanding the implications and options for traveling between India and the UK. Here are the situations I would like to clarify and understand better:

1. Baby Born in the UK with Both Parents Holding ILR Status:
Can the baby apply for Indian citizenship if both parents have ILR status?
If so, what are the options for the baby to visit India and return to the UK? Do we need to apply for a visa for the baby to travel to India? If a visa is required, which route should we apply for?

2. Baby Born in the UK with One Parent Holding British Citizenship and the Other Holding ILR Status:
Can the baby still apply for Indian citizenship if one parent is an Indian citizen and the other holds British citizenship?
What would be the process for the child to travel to and from India (i.e., do we need a visa for the child to travel between India and the UK)?

3. Advantages of Delivering the Baby in the UK:
Are there any advantages in delivering the baby in the UK considering our goal is to retain Indian citizenship for the baby while ensuring easy travel (visa-free or with minimal travel requirements)?

Our overall priority is to retain Indian citizenship for the child, with the flexibility for travel between India and the UK. but we would prefer to keep Indian citizenship as the main focus.

Looking Forward to Your Advice:
We would appreciate your insights on the various scenarios and how best to navigate the citizenship and travel rules for our child. If there are any legal procedures or recommendations, we would be grateful for any guidance on this matter.

Thank you for your help!

Kind regards,
Santosh

this query should be posted on the Other countries subforum as it is about Indian citizenship, rather than British. If the baby is born in the UK they will be automatically British.

noted, let me do that.
Thank You.

Just checking if anyone would like to share their valuable inputs on this, Thank You.
Santosh K.

I'll approach this query from the viewpoint of British nationality law.

If the child is born in the UK when either one parent already holds ILR.

- The child is automatically a British citizen by operation of the law.
- The child will have to register with the Indian diplomatic authorities in the UK to acquire Indian citizenship (i.e. the child acquiring Indian citizenship is not automatic, as they were born outside India)
- A British citizen can't apply for a visa to move to or to live in the UK. However, instead of a British passport, they can apply for a CoE-RoA in a non-British passport. In the past, this has been reported to have been acceptable in India as the child does not acquire a non-Indian passport.
- As I understand it, a child with dual foreign/Indian citizenship by birth (i.e. the foreign citizenships were automatically acquired, not by application) can retain both Indian and the foreign citizenship(s) till the age of 18 years and 6 months (when they must choose whether to retain their Indian citizenship or not), so long as they do not have a non-Indian passport. Having a CoE-RoA in an Indian passport prevents that issue and so the child should be able to retain both Indian and British citizenships till six months past their 18th birthday.
- Keep in mind that a CoE-RoA will only be recognised within the UK. In any country outside the UK, the child would be treated as a solely Indian citizen. So they won't be able to avail of any visa-free travel applicable to British citizens, consular assistance by British authorities, etc.

If the child is born in India

- The child will automatically be an Indian citizen, as they will be born in India to at least one Indian citizen parent.
- The child will have no automatic status in the UK and would need to apply for a visa.
- The child will be issued a visa in line with the less-privileged parent. In this case, as both parents have ILR, the child will be issued ILE (the same as ILR, but issued outside the UK).
- ILE/ILR is lost automatically after any continuous absence from the UK of two years or more.
- In case the child wants to acquire British citizenship, they will need to either register as a British citizen (if applying before their 18th birthday) under Section 3.1 of the British Nationality Act 1981 and meeting the requirements of that section at the time of application, or naturalise as a British citizen (if applying after their 18th birthday).