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British father, ILR Spouse - Baby's entry to UK

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Arvi12
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Posts: 2
Joined: Wed Oct 08, 2014 11:00 am

British father, ILR Spouse - Baby's entry to UK

Post by Arvi12 » Wed Oct 08, 2014 11:55 am

Hi Experts,

Need some advice on below. could you please help.

I am a British Citizen (naturalised last year) and my wife is holding an ILR. My wife is pregnant and currently in India for delivery. Since I am a British citizen, my son/daughter will be 'British Citizen by descent' (born outside UK). I have done some research and found out I can apply British passport from India (overseas British passport applicationshttps://www.gov.uk/overseas-passports/y ... hild/india). But the problem is it's taking a minimum of 4 months from the date they received my application and sometimes even 6 to 7 months all together. I have seen some threads in this forum on the pain on this process and few rejected because of countersignatory issues. Also, It's a long time to wait and I have to send my original passport with the application which locks down my travel too for this period. I think applying baby's passport from UK will be painless and easy. I am wondering weather below options could work.

1. Get a Family visit/Child visit visa for 6 months for my baby and reach UK, and apply for British passport from UK (https://www.gov.uk/get-a-child-passport/overview). Is this possible ? If yes, will the baby be 'British by Descent' or 'British otherwise than by descent'?

2. If above option is not possible, I am thinking of getting an ILR from India for my baby and reach UK, and apply for British Citizenship when my wife applies in the near future from UK . Is this possible ? Again, on this option will the baby be 'British by Descent' or 'British otherwise than by descent'?

**note : on both of the options I need to get an Indian passport for my baby.

Any other options you could think of which makes my baby to reach UK as soon as possible and apply British passport from UK ?

Could you please help. Thanks in advance.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: British father, ILR Spouse - Baby's entry to UK

Post by Obie » Wed Oct 08, 2014 4:17 pm

If your child is British, then you cannot apply for a Visitors visa for him.

You may need to apply for a Certificate of Right of Abode, which could be affixed to an Indian Passport.

If he secures a British Passport, then the Indian Passport will cease to be valid.
Smooth seas do not make skilful sailors

Arvi12
Newly Registered
Posts: 2
Joined: Wed Oct 08, 2014 11:00 am

Re: British father, ILR Spouse - Baby's entry to UK

Post by Arvi12 » Wed Oct 08, 2014 7:01 pm

Thanks for your reply Obie.

So, just to summarise, my baby requires 'Certificate of Entitlement' attached to his/her Indian passport ?

As per https://www.gov.uk/check-british-citize ... 983/no/yes my baby is a British citizen and 'Right of Abode' is automatically applied to all British citizens. Do I need to apply separately for 'right of abode' if that's not the case ?

Could you please let me know the timelines for 'certificate of entitlement' if applied from India?

Also, can you confirm I can apply for British Passport for my baby as soon as I reach UK using Certificate of entitlement.

Many Thanks.

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: British father, ILR Spouse - Baby's entry to UK

Post by maniani » Thu Oct 09, 2014 3:45 am

Arvi12 wrote:Thanks for your reply Obie.

So, just to summarise, my baby requires 'Certificate of Entitlement' attached to his/her Indian passport ?

As per https://www.gov.uk/check-british-citize ... 983/no/yes my baby is a British citizen and 'Right of Abode' is automatically applied to all British citizens. Do I need to apply separately for 'right of abode' if that's not the case ?

Could you please let me know the timelines for 'certificate of entitlement' if applied from India?

Also, can you confirm I can apply for British Passport for my baby as soon as I reach UK using Certificate of entitlement.

Many Thanks.
If your child once obtained Indian passport, then he will entitled to get right of adobe(certificate of entitlement) on that passport and if he obtained a british passport , he no longer require this. Your child have right to obtain any passport of your wish because one parent is British and other is Indian. Now the onus is on you to decide.

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