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Citizenship for child born in India- Help needed

Posted: Thu Nov 21, 2013 9:20 am
by Kumar_m_i_s
My son was born in India early this year and I have got my British citizenship and Passport last month. My wife is having an ILR.

My son does not have any passport as of now and is currently in India

I am not sure how to get British citizenship/passport for him. Any help will be greatly appreciated.

Thanks.

Posted: Thu Nov 21, 2013 10:19 am
by Amber

Posted: Thu Nov 21, 2013 10:27 am
by Kumar_m_i_s
Won't my son qualify under this category mentioned in MN1 guide?

Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”.


Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.[/u]

Posted: Thu Nov 21, 2013 10:29 am
by Amber
Do click on the link (blue writing).

Posted: Fri Nov 22, 2013 5:40 am
by Kumar_m_i_s
Thanks for your reply.


Guide MN1 says

Any other child born to British or non-British parents.
It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described in this guide. However, in considering any application not specifically covered above consideration will be given to
• The child’s connections with the UK – we would expect the child to be free of any restrictions on his or her stay in the UK
• Where the child’s future is likely to lie
• The parents’ views
The parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK.

Will my child fall under this category?

If so, is any one else applied through this category.

Thanks,
Aswin

Posted: Fri Nov 22, 2013 5:57 am
by manoharlinux
Hi Aswin,

your post looks some what same as mine
http://www.immigrationboards.com/viewtopic.php?t=151589

ta,
Manohar

Posted: Fri Nov 22, 2013 5:59 am
by vinny
• The child’s connections with the UK – we would expect the child to be free of any restrictions on his or her stay in the UK
Difficult, if child isn't even in the UK.

Posted: Sat Nov 23, 2013 9:12 pm
by Babajee85
vinny wrote:
• The child’s connections with the UK – we would expect the child to be free of any restrictions on his or her stay in the UK
Difficult, if child isn't even in the UK.

Please can someone answer the below queries:

Father is having British passport.

Mother is in back home .She was was here for 1 year on Tier 1 Dependent visa and now living back home.

If baby born abroad then will i be able to apply British Passport for the new born baby.

Please suggest.

Thanks in anticipation !

Posted: Sat Nov 23, 2013 9:21 pm
by Jambo
Babajee85 wrote:
vinny wrote:
• The child’s connections with the UK – we would expect the child to be free of any restrictions on his or her stay in the UK
Difficult, if child isn't even in the UK.

Please can someone answer the below queries:

Father is having British passport.

Mother is in back home .She was was here for 1 year on Tier 1 Dependent visa and now living back home.

If baby born abroad then will i be able to apply British Passport for the new born baby.

Please suggest.

Thanks in anticipation !
If baby is born to a British parent, then it's a different story to one discussed in this thread (in which the parent became British after the birth).

Assuming the father is British by naturalisation, then the child is British from birth and can apply directly for a British passport.

Posted: Sat Nov 23, 2013 9:28 pm
by Babajee85
Jambo wrote:
Babajee85 wrote:
vinny wrote:
• The child’s connections with the UK – we would expect the child to be free of any restrictions on his or her stay in the UK
Difficult, if child isn't even in the UK.

Please can someone answer the below queries:

Father is having British passport.

Mother is in back home .She was was here for 1 year on Tier 1 Dependent visa and now living back home.

If baby born abroad then will i be able to apply British Passport for the new born baby.

Please suggest.

Thanks in anticipation !
If baby is born to a British parent, then it's a different story to one discussed in this thread (in which the parent became British after the birth).

Assuming the father is British by naturalisation, then the child is British from birth and can apply directly for a British passport.
Thanks Jambo for the swift reply.

Yes--- Father has British Passport via naturalization.
Child is born after father got British passport.
Mother is not British citizen.
Child is born abroad.

So in this case you are saying child will be British by Birth and can apply for passport directly from the country visa British High commission. ?

The reason is because father is British.

am i right ?

Thanks

Posted: Sat Nov 23, 2013 9:50 pm
by Jambo
Babajee85 wrote: So in this case you are saying child will be British by Birth and can apply for passport directly from the country visa British High commission. ?
Correct. Child is British from birth.

Please note that some countries (India for example) don't allow dual citizenship. In such case, it might be better to apply for a Certificate of Entitlement to Right of Abode to be placed in the foreign passport instead of applying for British passport.