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Baby born in India for British Citizen

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samu_rajj123
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Baby born in India for British Citizen

Post by samu_rajj123 » Sun Aug 04, 2013 5:58 pm

I recently got my British passport and my wife is in ILR. My wife is currently in India, we are expecting a baby. So to bring the baby to UK I should get the following, please correct me if I am wrong.

1. Apply for British Passport in India
2. Apply for Exit Permit in India
3. Apply for OCI in India

Is Exit Permit is mandatory even if I get OCI card for the baby.
Thanks in advance.

samu_rajj123
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Post by samu_rajj123 » Thu Aug 08, 2013 7:41 pm

Could someone please share their knowledge or experience in this.

Thanks

vinny
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Post by vinny » Thu Aug 08, 2013 7:49 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ban.s
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Post by ban.s » Thu Aug 08, 2013 8:01 pm

2 - exit permit is mandatory
3 - OCI application is optional. The child is not eligible for OCI unless the parents are on OCI Also it would be easier to applier from UK.

samu_rajj123
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Post by samu_rajj123 » Fri Aug 09, 2013 8:10 pm

Vinny/Ban

Thanks for your updates.

If I get British passport for baby from India, in future can he apply for India citizenship after living there for 5 years.

ban.s
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Post by ban.s » Fri Aug 09, 2013 8:32 pm

Not until the child attains full age.

will you be in India during child's birth? If yes, then the child is an Indian citizen by birth. So if you wish, you can apply for his Indian passport and subsequently COE ROA.

samu_rajj123
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Post by samu_rajj123 » Fri Aug 09, 2013 8:58 pm

The baby will be born in India but I want to get British passport instead of Indian passport at the same time I want to make sure that he can get Indian citizen if he wants in future.
Thanks for confirming that he can get Indian citizen after attaining full age, I guess 18.

samu_rajj123
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Post by samu_rajj123 » Sun Aug 11, 2013 8:15 pm

To apply for baby's British passport from India, please clarify whether Indian professional can countersign the application.

ban.s
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Post by ban.s » Mon Aug 12, 2013 11:58 am

passport application outside UK is different - have you seen the requirements? india - first time passport application for a child

samu_rajj123
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Post by samu_rajj123 » Mon Aug 12, 2013 12:22 pm

Thanks Ban, I had checked the requirement for applying passport outside UK. The countersignature requirement is as follows:

"That person should be a British citizen, Irish
national, EU national, other British national or
Commonwealth citizen who is a Member of
Parliament, Justice of the Peace, Minister of
Religion, Bank Officer, Established Civil Servant, or
professionally qualified person, e.g. Lawyer,
Engineer, Doctor, School Teacher, Police Officer or
a person of similar standing."

As India is part of Commonwealth Nation I just want to make sure my understanding is correct.

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Post by samu_rajj123 » Tue Aug 13, 2013 9:39 pm

If I get Indian passport and subsequently COE ROA, please clarify when will be the baby eligible for applying British Passport.

ban.s
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Post by ban.s » Tue Aug 13, 2013 9:55 pm

whenever the child (parent) wishes

samu_rajj123
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Post by samu_rajj123 » Tue Aug 13, 2013 10:01 pm

Thanks Ban, so I can apply for British passport the next day of getting COE ROA.

ban.s
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Post by ban.s » Tue Aug 13, 2013 10:02 pm

yes you can.
however if you do so, then the COE ROA will be invalid and the child will lose the Indian citizenship

samu_rajj123
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Post by samu_rajj123 » Tue Aug 13, 2013 10:06 pm

Thanks for the quick reply Ban, I will have this as optional.

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Post by samu_rajj123 » Sat Aug 17, 2013 11:31 am

I was checking the Right to Abode eligibility, it has the following

"a Commonwealth citizen with a parent who, at the time of your birth or legal adoption, was a citizen of the United Kingdom and Colonies because they were born in the UK;"

As we are getting Indian passport for baby he will be a Commonwealth Citizen but I am not a British citizen by birth, so as per the above requirement I am not sure whether baby is eligible for Right to Abode. Please clarify.

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Post by vinny » Sat Aug 17, 2013 2:02 pm

samu_rajj123 wrote:I recently got my British passport and my wife is in ILR. My wife is currently in India, we are expecting a baby.
If you were naturalised, then your child is automatically a British citizen by descent (2(1)(a)).

All British citizens have the right of abode in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

samu_rajj123
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Post by samu_rajj123 » Sat Aug 17, 2013 2:50 pm

Vinny, Thanks for the clarification.

praks_singh
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Post by praks_singh » Mon Sep 30, 2013 4:13 pm

Hi Samu,

I am almost in same boat as you.

Did you then took Indian passport for your child and applied for ROA (Certificate of Entitlement) from India?

If yes, how much time it took overall?

if no, did you apply for a UK Passport from India?

Please let me know.

Kind Regards:
Praks

crl234
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Post by crl234 » Tue Oct 01, 2013 7:29 am

praks_singh wrote:Hi Samu,

I am almost in same boat as you.

Did you then took Indian passport for your child and applied for ROA (Certificate of Entitlement) from India?

If yes, how much time it took overall?

if no, did you apply for a UK Passport from India?

Please let me know.

Kind Regards:
Praks
hi samu/praks

I am also in the same situation. I have recently got BC, and my wife is dependent (Indian). She went to India for delivery. Baby is due in Jan'14.
One of my friend suggested to apply Indian citizenship and then British visa. He suggested to apply for Citizenship, once baby here in UK. I am not sure how long this process is it going to take, and which is the right option whether to apply British Citizenship or Indian Citizenship.

Thanks& Regards
Raj

vinny
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Post by vinny » Tue Oct 01, 2013 9:19 am

crl234 wrote:hi samu/praks

I am also in the same situation. I have recently got BC, and my wife is dependent (Indian). She went to India for delivery. Baby is due in Jan'14.
One of my friend suggested to apply Indian citizenship and then British visa. He suggested to apply for Citizenship, once baby here in UK. I am not sure how long this process is it going to take, and which is the right option whether to apply British Citizenship or Indian Citizenship.

Thanks& Regards
Raj
As baby will automatically be British, applying for British citizenship will be unnecessary.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

praks_singh
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Post by praks_singh » Tue Oct 01, 2013 12:52 pm

Hi Raj,

I agree with Vinni.

In my opinion quickest approach would be:
1) apply Tatkaal passport in India through mother (who is Indian and holds ILR for UK)
2) Then apply for Certificate of Entitlement for Right to Abode in the UK through father (BC).

I just wanted to know how much is the average time and procure for CoE. If Samu has done that already, please can you enlighten us :)

Kind Regards:
Praks

praks_singh
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Post by praks_singh » Tue Oct 01, 2013 12:57 pm

ban.s wrote:Not until the child attains full age.

will you be in India during child's birth? If yes, then the child is an Indian citizen by birth. So if you wish, you can apply for his Indian passport and subsequently COE ROA.
Hi Ban.s,

Just for clarity. Could you please confirm:
1) Does the father has to be in India along with mother during birth for baby to be considered Indian Citizen?
2) What if the father is in UK and baby is born in India to a mother holding indian passport. The baby is still Indian? isn't it?

crl234
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Post by crl234 » Wed Oct 02, 2013 1:13 pm

vinny wrote:
crl234 wrote:hi samu/praks

I am also in the same situation. I have recently got BC, and my wife is dependent (Indian). She went to India for delivery. Baby is due in Jan'14.
One of my friend suggested to apply Indian citizenship and then British visa. He suggested to apply for Citizenship, once baby here in UK. I am not sure how long this process is it going to take, and which is the right option whether to apply British Citizenship or Indian Citizenship.

Thanks& Regards
Raj
As baby will automatically be British, applying for British citizenship will be unnecessary.
Hi Vinny
Thanks a lot for the info. I am not aware of COE - Right of Adobe. I have got following questions, and would appreciate if you can help me to find the answers:

1) How long is it going to take to get this certificate, if we apply from India?
2) What is the difference between British Citizenship and COE ROA?
3) Is the child eligible to travel to Europe like British Citizen or this certificate only valid for UK.

Thanks
Raj

vinny
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Post by vinny » Wed Oct 02, 2013 1:24 pm

1. Visa processing times.
2. All British citizens have the Right of Abode in the UK. However, some people with the Right of Abode in the UK are not British citizens.
3. Certificates of Entitlement to the Right of Abode are applicable only to the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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