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We are pregant so discussing different things thus the reason for this question. Serious question follows after.

If non nationals are on holiday and the baby is born in britain is the baby then british?

Ok serious question, My wife is on FLR and will be applying for ILR. She is now pregant. So if our baby is born Im presuming automatic citizenship since Im a British Citizen.

If we decided to go back to India for birth to be near her family wouldour baby still be a British Citizen or Indian? Or would it be a case of dual nationality?

thanks everyone
happi

happi.ocholloh wrote:If non nationals are on holiday and the baby is born in britain is the baby then british?

No, unless mother/father have ILR status when the child is born.

happi.ocholloh wrote:My wife is on FLR and will be applying for ILR. She is now pregant. So if our baby is born Im presuming automatic citizenship since Im a British Citizen.

Yes, when born in UK.

happi.ocholloh wrote:If we decided to go back to India for birth to be near her family wouldour baby still be a British Citizen or Indian? Or would it be a case of dual nationality?

AFAIK, if you are British born citizen then the child will be British (by descent, if I am not wrong). At the same time, if the mother is Indian citizen at the time of birth, the child will (also) be an Indian citizen (by birth). India does not allow dual citizenship, but the child may qualify for OCI status.

Please note that if the child is born in India and you decide to obtain a British passport for him, you will need an exit permit to enable the child to travel outside India. To apply for exit permit, you'll need to contact FRRO with the following:

Child born in India -

a) Letter from Consulate regarding issuance of new passport.
b) Birth Certificate issued by Indian Authority
c) Both parents passport and visa copy, Residential Permit copies (in case parents are registered)
d) Air ticket (Infants + Parents)

In case of infant / minor children, travelling with mother only, N.O.C. from father, stating that he has No Objection for child/infant travelling abroad and vice versa.

regards

Brilliant thanks. That really helps