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Indian Citizenship and British Passport

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kv1234
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Indian Citizenship and British Passport

Post by kv1234 » Fri Apr 05, 2013 7:29 am

Myself and my wife is on ILR in UK. I am in a confusion if I need to apply for British Passport or Indian Passport for my kid?
My kid has to wait for 18 years to return the British Passport(if required)which I am not happy with that long wait. Especially with regards to studying in India. I know the Indian schools/colleges don't look for Kids passport but they look for birth certificate. For a foreign birth certificate they charge sky fees.
So, what happens if I register for just Indian Citizenship only first here in Indian Consulate here in UK(and possibly not the Indian Passport). Does that possible ? By that time I will just apply Indian Citizenship first; I can provide a consent letter that baby don't have any other passport anyway. Later, once that is done I will apply for British Passport? Will that work? If so, what could be the concerns?
Can you also please advise what is right to abode/entitlement? It looks like it is bit confusing in understanding the terms 'right to abode' / entitlement etc. how many days it takes all together to get this right to abode/Entitlement?
Please suggests your thoughts?

ban.s
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Post by ban.s » Fri Apr 05, 2013 6:09 pm

When was your kid born ? before your received your ILR or after?

Have you registered the birth of your child with HCI?

kv1234
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Post by kv1234 » Fri Apr 05, 2013 9:58 pm

ban.s wrote:When was your kid born ? before your received your ILR or after?

Have you registered the birth of your child with HCI?
Hello Ban,
Thanks for your reply. Yes, my kid was born after I got my ILR.

No, I haven't registered with HCI. I think if I register with HCI means that I am registering him as a citizen of India right?

ban.s
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Post by ban.s » Fri Apr 05, 2013 10:18 pm

Yes, register within 1 year of birth and before you apply for BC (if you wish to apply).

Also see this thread for more info on the process and rules

http://www.immigrationboards.com/viewtopic.php?t=119681

kv1234
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Post by kv1234 » Sat Apr 06, 2013 4:44 pm

ban.s wrote:Yes, register within 1 year of birth and before you apply for BC (if you wish to apply).

Also see this thread for more info on the process and rules

http://www.immigrationboards.com/viewtopic.php?t=119681

Thanks Ban.

So, you mean to say that (1) I can register my kid as a citizen of India at HCI first. (2) Is that okay that I do not need to apply for Indian Passport? (3) Once my kid is registered as an Indian Citizen, I will apply for British Passport.

For all the above three approaches, I do not need to go for right to abode/entitlement etc?

ban.s
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Post by ban.s » Sat Apr 06, 2013 4:53 pm

The purpose of registration with HCI is to apply for an Indian passport.

If you don't intend to apply for an Indian passport for the child and go for BC then registration will not serve any purpose.

kv1234
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Post by kv1234 » Mon Apr 08, 2013 6:01 pm

ban.s wrote:The purpose of registration with HCI is to apply for an Indian passport.

If you don't intend to apply for an Indian passport for the child and go for BC then registration will not serve any purpose.
Thanks Ban.

Then, is it okay to go for Birth Registration and followed by Indian Passport? After that, can I then go for British Passport?

From the above, I can see its a dual citizenship right? Will that work? Anyway, I don't want to use Indian Passport. I just want to have Birth Ceritificate registered in Indian Consulate to use it in education in India. Then will the above approach work?

ban.s
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Post by ban.s » Mon Apr 08, 2013 7:33 pm

I don't have any idea how the education boards recognise/treat overseas candidates.

If you get an Indian passport for the child and wish to retain that, then you can't apply for British Passport. You have to go for right of abode certificate of entitlement.

The bottom line is you can't have two passports for the child.

kv1234
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Post by kv1234 » Tue Apr 09, 2013 8:00 pm

ban.s wrote:I don't have any idea how the education boards recognise/treat overseas candidates.

If you get an Indian passport for the child and wish to retain that, then you can't apply for British Passport. You have to go for right of abode certificate of entitlement.

The bottom line is you can't have two passports for the child.
Thanks Ban.s. Sorry to bother you frequently. I am bit confused with the right of abode. Few questions on that:
1. Once I get the Indian Passport, do we then need to apply with UKBA for right of abode? Is that a kind of visa? Do we need to then apply for ILR after the right of abode is approved?
2. Once I get the right of abode, in future is there any provision to apply for British Passport in future?
3. Is there anyone who have got the complete process like Indian Passport, right of abode etc? Any post link would be greatful? I have searched through many posts but didn't get any who confirms that it is done successfully.

Please help.

ban.s
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Post by ban.s » Tue Apr 09, 2013 8:29 pm

Right of abode is a right to live in the UK permanently and be free from any immigration control. You can say it's similar to an ILR but unlike ILR it doesn't become invalid if you stayed away from the UK for more than 2 years. All british citizens have right of abode. This is confirmed either by a British Passport or by a certificate of entitlement i.e. in the form of a sticker on a foreign passport.
kv1234 wrote: 1. Once I get the Indian Passport, do we then need to apply with UKBA for right of abode? Is that a kind of visa? Do we need to then apply for ILR after the right of abode is approved?
Yes, once the child receives an Indian passprt apply for the certificate of entitlement for right of above instead of a british passport.
See above.
Unlike ILR, CoE expires with the passport. So each time the foreign passport is renewed COE also needs to be renewed.
kv1234 wrote: 2. Once I get the right of abode, in future is there any provision to apply for British Passport in future?
A british citizen can apply for BP whenever s/he wishes. However, once a BP is issued, COE Right of Abode will be invalid and can't be requested in future.
kv1234 wrote: 3. Is there anyone who have got the complete process like Indian Passport, right of abode etc? Any post link would be greatful? I have searched through many posts but didn't get any who confirms that it is done successfully.
I am sure there are people with COE right of abode but such number will be low.

manyaonisland
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Post by manyaonisland » Tue Apr 09, 2013 10:45 pm

kv1234 wrote: Thanks Ban.

Then, is it okay to go for Birth Registration and followed by Indian Passport? After that, can I then go for British Passport?

From the above, I can see its a dual citizenship right? Will that work? Anyway, I don't want to use Indian Passport. I just want to have Birth Ceritificate registered in Indian Consulate to use it in education in India. Then will the above approach work?
you will have to register birth here in UK to get birth certificate. registering the child in Indian consulate will not get you Indian Birth certificate. As your child has born AFTER you got ILR he/she is British by birth and never can hold Indian passport. sorry to say but just by registering the birth in Indian consulate will not do any good in terms of getting Education In India which is what you are after!
Winning isn't everything, but wanting to win is.

ban.s
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Post by ban.s » Wed Apr 10, 2013 9:12 am

manyaonisland wrote: registering the child in Indian consulate will not get you Indian Birth certificate. As your child has born AFTER you got ILR he/she is British by birth and never can hold Indian passport. sorry to say but just by registering the birth in Indian consulate will not do any good in terms of getting Education In India which is what you are after!
no one has mentioned that the child would get an indian brith certificate by registering with HCI.

you are not aware that as per indian citizenship act section 4, the child can obtain indian citizenship by descent. this will allow the child to apply for an indian passport (as long as the foreign nationality was not exercised by obtaining a foreign passport).

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