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Need answers to decide on British citizenship .

Posted: Thu Feb 25, 2016 2:59 pm
by IndiMarshall
Hi Friends,

I have couple of questions.
I am a naturalized British citizen.. previously I had held an Indian Passport. My wife is on her Permanent residence of UK with an Indian passport.

She would like to apply for British Citizenship based on some expert answers here.

1) If she applies for British Citizenship and in coming years if we plan for delivery of the baby in India will it be tough for the kid to get British Citizenship while they are in India ?
I heard that the whole process takes place more than 4 months is it so? Ideally as she will be away for long time and then again to wait for 4 more months would be tough for both us to be away for so long.. or
as she is already on PR will the kid have only choice to acquire British Citizenship ? or can we choose Indian citizenship temporarily and move to British Citizenship for the baby after coming back to UK.

Is there any simpler procedure to apply something for the kid and then come to UK and apply for British citizenship?

Let me know please.

2) Me and my wife always had this dream to adopt a second child or be it first child.
We will be adopting an Indian child probably in India.
May I know if this is an easy procedure or really something very tedious if both of us are on
British Passports ?

I would like to know what are the consequences that we have to have face to really make this happen.

Cheers,
Indi.

Re: Need answers to decide on British citizenship .

Posted: Thu Feb 25, 2016 3:14 pm
by Amber
If a child is born abroad and either parents are British otherwise than by descent, the child is British and can't opt out of that.

Regarding, adoption, that can be tricky but do read here (click).

Re: Need answers to decide on British citizenship .

Posted: Thu Feb 25, 2016 3:42 pm
by secret.simon
IndiMarshall wrote:I am a naturalized British citizen.. previously I had held an Indian Passport. My wife is on her Permanent residence of UK with an Indian passport.
I presume that you mean that your wife is on ILR, not PR.

If both of you are British citizens and the child is born in India
-The child is born solely a British citizen and needs to apply for a British passport to leave India. Based on current timelines on these forums, overseas passports take between six months to a year.

If one parent is British and the other is an Indian citizen with ILR and the child is born in India
-The child is born with dual British and Indian citizenship (one of the few cases where Indian allows dual citizenship). The parents can apply for either
--a British passport (which takes 6-12 months and automatically revokes the child's Indian citizenship)
or
--An Indian passport and then apply for a CoE-RoA to be affixed into that passport. The latter process takes between 6-16 weeks. But there have been numerous reports on these forums (search for them) that staff at the DBHCs in India (particularly the one in Chennai) are incorrectly rejecting CoE-RoA applications. If you go down this route, you may wish to read up on the laws regarding CoE-RoA and the cover letters explaining them to the DBHC case workers.

In both cases, such a child would be a British citizen by descent at birth and no registration is required.

The simplest and fastest way to avoid getting separated from your wife is for her to give birth in the UK. I believe maternity services are provided as standard in NHS hospitals. Your wife's family can always come here to assist with the joyous occasion rather than the other way round.

Regarding adoption, I suggest that you post a separate question about it in the Other Countries forum. I understand, but I am not sure, that India has tightened rules regarding adoption and surrogacy by foreigners in India and you may wish to consult an Indian lawyer in this field before proceeding.

You may wish to look at adopting or fostering children of Indian heritage within the UK as well. You may wish to start by contacting your local council.

Re: Need answers to decide on British citizenship .

Posted: Mon Feb 29, 2016 6:12 am
by IndiMarshall
Amber wrote:If a child is born abroad and either parents are British otherwise than by descent, the child is British and can't opt out of that.

Regarding, adoption, that can be tricky but do read here (click).
Thanks Amber

Re: Need answers to decide on British citizenship .

Posted: Mon Feb 29, 2016 6:19 am
by IndiMarshall
secret.simon wrote:
IndiMarshall wrote:I am a naturalized British citizen.. previously I had held an Indian Passport. My wife is on her Permanent residence of UK with an Indian passport.
I presume that you mean that your wife is on ILR, not PR.

If both of you are British citizens and the child is born in India
-The child is born solely a British citizen and needs to apply for a British passport to leave India. Based on current timelines on these forums, overseas passports take between six months to a year.

If one parent is British and the other is an Indian citizen with ILR and the child is born in India
-The child is born with dual British and Indian citizenship (one of the few cases where Indian allows dual citizenship). The parents can apply for either
--a British passport (which takes 6-12 months and automatically revokes the child's Indian citizenship)
or
--An Indian passport and then apply for a CoE-RoA to be affixed into that passport. The latter process takes between 6-16 weeks. But there have been numerous reports on these forums (search for them) that staff at the DBHCs in India (particularly the one in Chennai) are incorrectly rejecting CoE-RoA applications. If you go down this route, you may wish to read up on the laws regarding CoE-RoA and the cover letters explaining them to the DBHC case workers.

In both cases, such a child would be a British citizen by descent at birth and no registration is required.

The simplest and fastest way to avoid getting separated from your wife is for her to give birth in the UK. I believe maternity services are provided as standard in NHS hospitals. Your wife's family can always come here to assist with the joyous occasion rather than the other way round.

Regarding adoption, I suggest that you post a separate question about it in the Other Countries forum. I understand, but I am not sure, that India has tightened rules regarding adoption and surrogacy by foreigners in India and you may wish to consult an Indian lawyer in this field before proceeding.

You may wish to look at adopting or fostering children of Indian heritage within the UK as well. You may wish to start by contacting your local council.
Thanks Secret Simon.. you explained me the way I needed to know this .. excellent stuff..

If I choose the Indian passport and then COE-ROA.. may I know what are the documents needed for this process? Please direct me to any link otherwise.. just want to enquire all options.