Immigrationboards.com

Posting this on behalf of my friend. He is applying for ILR beginning of next month. Their first child is due next week which means, he won't have a passport for the newborn. He is aware of the fatc that he can apply for british citizenship for the child once they are granted ILR. He is not sure yet if he will apply for british citizenship in future. Is it possible that he include the newborn (without passport) in his ILR application (based on birth certificate etc) and get something like a paper visa which he can stick onto his child's passport at a later date?

kunald wrote:Posting this on behalf of my friend. He is applying for ILR beginning of next month. Their first child is due next week which means, he won't have a passport for the newborn. He is aware of the fatc that he can apply for british citizenship for the child once they are granted ILR. He is not sure yet if he will apply for british citizenship in future. Is it possible that he include the newborn (without passport) in his ILR application (based on birth certificate etc) and get something like a paper visa which he can stick onto his child's passport at a later date?

You say the child is "due next week". Is the baby even born yet? If not, then he can't include the non-existant baby in his application!

Once he has ILR and the child is born, the child is British by birth. It is automatic, no need to apply to become one. Therefore, the child is not eligible for ILR as the child is British. If the child can't get a british passport for some reason, I suggest apply for newborn's foreign passport and them apply for a "Certificate of the Right of Abode" (http://www.ukba.homeoffice.gov.uk/briti ... htofabode/)

joh118 wrote:

kunald wrote:Posting this on behalf of my friend. He is applying for ILR beginning of next month. Their first child is due next week which means, he won't have a passport for the newborn. He is aware of the fact that he can apply for british citizenship for the child once they are granted ILR. He is not sure yet if he will apply for british citizenship in future. Is it possible that he include the newborn (without passport) in his ILR application (based on birth certificate etc) and get something like a paper visa which he can stick onto his child's passport at a later date?

You say the child is "due next week". Is the baby even born yet? If not, then he can't include the non-existant baby in his application!

Once he has ILR and the child is born, the child is British by birth. It is automatic, no need to apply to become one. Therefore, the child is not eligible for ILR as the child is British. If the child can't get a british passport for some reason, I suggest apply for newborn's foreign passport and them apply for a "Certificate of the Right of Abode" (http://www.ukba.homeoffice.gov.uk/briti ... htofabode/)

Thanks for telling me that non-existant baby cannot be included in application. If you read the post again, you will understand.

My friend is from India and they both (Friend and his wife) have Indian passport. They want to have the baby as dependant (ILR on Indian passport)...ofcourse after his birth. He is not sure yet if he is going to stay too long in the UK and thats why not interested in UK passport for the child at the moment. If however he decides to stay here permanently, then he will apply for british citizenship for the whole family. (The logic being, if he gets UK passport for the baby and then move to USA, he will need a visa or something of that sort for the child every time they visit India).

kunald wrote:

joh118 wrote:

kunald wrote:Posting this on behalf of my friend. He is applying for ILR beginning of next month. Their first child is due next week which means, he won't have a passport for the newborn. He is aware of the fact that he can apply for british citizenship for the child once they are granted ILR. He is not sure yet if he will apply for british citizenship in future. Is it possible that he include the newborn (without passport) in his ILR application (based on birth certificate etc) and get something like a paper visa which he can stick onto his child's passport at a later date?

You say the child is "due next week". Is the baby even born yet? If not, then he can't include the non-existant baby in his application!

Once he has ILR and the child is born, the child is British by birth. It is automatic, no need to apply to become one. Therefore, the child is not eligible for ILR as the child is British. If the child can't get a british passport for some reason, I suggest apply for newborn's foreign passport and them apply for a "Certificate of the Right of Abode" (http://www.ukba.homeoffice.gov.uk/briti ... htofabode/)

Thanks for telling me that non-existant baby cannot be included in application. If you read the post again, you will understand.

My friend is from India and they both (Friend and his wife) have Indian passport. They want to have the baby as dependant (ILR on Indian passport)...ofcourse after his birth. He is not sure yet if he is going to stay too long in the UK and thats why not interested in UK passport for the child at the moment. If however he decides to stay here permanently, then he will apply for british citizenship for the whole family. (The logic being, if he gets UK passport for the baby and then move to USA, he will need a visa or something of that sort for the child every time they visit India).

I understand.
There is 2 different senarios:

If your friend gets ILR AND THEN the baby is born (before the birth), the baby will be British, there is no choice! (Unless the baby denounces his British Citizenship)

However if the baby is born AND THEN your friend (or his wife) gets ILR (after the birth). Then then your friend will have to register the baby as British using form MN1.

I know I am in no position to judge but what harm will it do to get the baby a UK passport? As for the India issue, I thought some Indians are eligible for Person of Indian Origin Card.

joh118 wrote:....If your friend gets ILR AND THEN the baby is born (before the birth), the baby will be British, there is no choice! (Unless the baby denounces his British Citizenship)....

Thanks joh118. I thought if a baby is born AFTER parents get ILR, both options are open..i.e either they can apply for the child to be registered as british citizen OR if they want they can apply for Indian passport and add the baby as dependant.

Registration is required when the child is born in the UK before either parent is granted settlement, and the parent(s) wish(es) the child to acquire British citizenship.

When the child is born in the UK after either parent has been granted settlement, then the child is British by birth so registration doesn't come into play.

Since India does not allow dual nationality and a minor cannot renounce British citizenship, the Indian embassy may refuse to issue an Indian passport to a child who is British by birth.

Option - If the child is born before either parent applies for settlement, suggest parent(s) to defer settlement application until the new born child is issued an Indian passport. Once the passport is received, the child may be included in the settlement application as a dependant.



regards

Thanks Sushdmehta. It is not as straight forward as I thought initially.

The issue with my friend is the he only has a 10 days window (before his current leave expires) to apply for ILR. He is not going to get his child's passport before that (considering the child is born on due date which is next week). The only left is for him to apply for FLR and then wait for his child's passport to come and then apply for ILR for the entire family. To save the FLR cost, he wanted to explore whether there is any option to get a paper visa issued for the child (along with their ILR application) and later stick it onto the child's Indian passport? Is such a thing possible?

It's possible for ILR to be granted on a piece of paper when there is no passport.