Can we apply for Right of abode for baby born in India

Hi all,

We are expecting a baby early next week.

We need some inputs on the below situation:
- Father is a British citizen acquired by Naturalisation in dec 2014
- Mother is on ILR since sep 2014, and is in India for delivery

Can we apply for Right of Abode for the baby born in India ?

Thanks

mpemma wrote:Hi all,

We are expecting a baby early next week.

We need some inputs on the below situation:
- Father is a British citizen acquired by Naturalisation in dec 2014
- Mother is on ILR since sep 2014, and is in India for delivery

Can we apply for Right of Abode for the baby born in India ?

Thanks

Baby will be British by decent so yes.

hello everyone,

It would be of great help if anyone can assist in ROA application i have to complete for my 1 month old daugher. Applying online from India (visa4uk online application)
Father British Citizen by naturalization - also holds British passport before the birth of my dauther, mother on ILR.

1. passport and travel information : First nationality option i have selected British Citizen (yes/no)
Other nationality option i have selected Indian and filled in the rest accordingly (yes/no)

2. personal details and travel history : What is your permanent residential address and contact details?
i have filled in address in india (as my daughter was born in india) (yes / no)

3. income and expenditure : Answered all the questions as £0, but for the last question (yes / no)
(What is the total cost of your trip, including money others may be giving you, in GBP(£) 500 (yes /no)

4. Under 18 :
Please give details of your parents/guardian(s) in your home country? (can i give mother / local indian address ) yes/no
If i add mother's name and details - under country (says next to it country deported from).....confused and need help

Are you staying at a private address in the UK? - Can i answer as Yes and fill in fathers UK address and details. (yes / no)

Would really appreciate any help as soon as possible please ! I need to apply in a day or two...

Kind Regards
Manasa

Hi Moderators,

I need your advise as my daughter's Right of abode application has been refused.

The decision states:
Your father has applied on your behalf for a Right of Abode Certificate of Entitlement under section 2(1)(b)(i) of the immigration Act 1971 as amended on the grounds that:
- you were born to or adopted by a parent,who at the time of the birth or adoption, was a citizen of the UK and Colonies by his/her birth in the UK or any of the islands.
However your father was not a citizen of the UK and Colonies by birth at the time of your birth.
I am therefore not satisfied that you have the right of abode in the UK.

Baby's father is british by naturalisation before the baby has been born.

Can you suggest why has the application been refused?

Thanks

mpemma wrote:Hi Moderators,

I need your advise as my daughter's Right of abode application has been refused.

The decision states:
Your father has applied on your behalf for a Right of Abode Certificate of Entitlement under section 2(1)(b)(i) of the immigration Act 1971 as amended on the grounds that:
- you were born to or adopted by a parent,who at the time of the birth or adoption, was a citizen of the UK and Colonies by his/her birth in the UK or any of the islands.
However your father was not a citizen of the UK and Colonies by birth at the time of your birth.
I am therefore not satisfied that you have the right of abode in the UK.

Baby's father is british by naturalisation before the baby has been born.

Can you suggest why has the application been refused?

Thanks

It tells you clearly:

However your father was not a citizen of the UK and Colonies by birth at the time of your birth.

Since Naturalisation isn't the Citizenship by birth, hence refusal. Baby is eligible for Passport if born after father was Naturalised as British Citizen.

Hiya, I can't offer much help but I'm curious:

Did you provide your child's birth certificate and the father's naturalisation certificate to prove that he was a British citizen at the time of the child's birth?

It's an incorrect refusal.

A parent doesn't have to be British by birth at the time of child's birth. It's sufficient that a parent was British otherwise than by descent (via naturalisation) at the time of child's birth.

mpemma wrote:Hi Moderators,

I need your advise as my daughter's Right of abode application has been refused.

The decision states:
Your father has applied on your behalf for a Right of Abode Certificate of Entitlement under section 2(1)(b)(i) of the immigration Act 1971 as amended on the grounds that:
- you were born to or adopted by a parent,who at the time of the birth or adoption, was a citizen of the UK and Colonies by his/her birth in the UK or any of the islands.
However your father was not a citizen of the UK and Colonies by birth at the time of your birth.
I am therefore not satisfied that you have the right of abode in the UK.

Baby's father is british by naturalisation before the baby has been born.

Can you suggest why has the application been refused?

Thanks

My understanding: to excersise the right your British citizenship by naturalisation is not enough, you should be British by birth for your child to get the right of abode...

I have provided Baby's birth certificate;
Father's naturalisation certificate and our marriage certificate as supporting documents.

Can I appeal ?

IraMil357 wrote:My understanding: to excersise the right your British citizenship by naturalisation is not enough, you should be British by birth for your child to get the right of abode...

That's a misunderstanding.

mpemma wrote:I have provided Baby's birth certificate;
Father's naturalisation certificate and our marriage certificate as supporting documents.

Can I appeal ?

Go through vinny's provided link please. Then you can decide.

But if baby is born to a naturalised parents, the baby is British anyway, is not she? So why right to abode and not British passport straight away? I maybe naive here, but I read some posts from the people who do just that?

Basis of application wrote:Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth

Documents wrote:(i)Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

IraMil357 wrote:But if baby is born to a naturalised parents, the baby is British anyway, is not she? So why right to abode and not British passport straight away? I maybe naive here, but I read some posts from the people who do just that?

See also Are you a minor, Indian by descent and also foreign citizen?

Thanks all..

Vinny thanks for sharing the links..

Hi Guys,
I was also on the same situation that Baby can get Right of Abode from India .I have appealed but the Entry Clearance Manager
says the rejection is right stating that Father who is a Naturalised citizen should be born in UK not naturalised .

Thanks,
harry

Do let us know when you win your appeal. It should be straightforward.

Hi Guys,
My question is :
Does minor child born in India holding Indian Passport can have Dual Nationality ,
I mean Indian Passport & British Passport until the age of 18 years .

According to this law:
"It is a conscious provision of law given to a minor so that he/she can decide within six months of completing 18 years of age as to whether he/she prefers Indian citizenship.

Please advice .

Thanks,
harry

lappi831 wrote:Hi Guys,
My question is :
Does minor child born in India holding Indian Passport can have Dual Nationality ,
I mean Indian Passport & British Passport until the age of 18 years .

According to this law:
"It is a conscious provision of law given to a minor so that he/she can decide within six months of completing 18 years of age as to whether he/she prefers Indian citizenship.

Please advice .

Thanks,
harry

http://www.immigrationboards.com/other-countries/

Child born in India to a British citizen and an Indian parent will have both citizenships at birth.

However, any exercise of the other citizenship by the parents, such as applying for a foreign (British) passport for the child, will invalidate the Indian citizenship.

The way to retain both citizenships is to have an Indian passport and have a Certificate of Entitlement to Right of Abode stamped into it. That will allow the child to retain both citizenships.

However, as the child will have an Indian passport, he may have difficulties with travelling within the EEA and accessing things like student loans, etc. S/he will have to prove his UK citizenship by other means.

This post has confused me somewhat, are we saying that if the baby is born before naturalisation of parent, he/she is not a British Citizen? Someone please clarify!

That is correct. If neither parents are British, then baby born outside the UK is not (automatically) British.

vinny wrote:That is correct. If neither parents are British, then baby born outside the UK is not (automatically) British.

what about a baby born in UK to a ILR holder IN the UK.

Click on my link above for more information.

A child born in the UK is automatically British only if one of its parents is either a British citizen or settled in the UK (has ILR/PR/Irish citizenship) on the day the child is born.

if a child is born in the UK and one of its parents subsequently becomes settled in the UK, the child has an entitlement to be registered as British (Section 1.3).

A child born anywhere in the world to a parent who is British otherwise than by descent (I.e, whose citizenship is due to being born in the UK themselves or being naturalised or registered in the UK), is automatically British by descent. These children (such as the child of the OP) will not be able to pass on their British citizenship to their own children, unless they are born in the UK themselves.

Children born abroad to people settled in the UK do not have an entitlement to British citizenship, but can apply for registration at discretion (Section 3.1).