Child born in India to OCI holders.

[agrawal_c]

Hi, I and my wife are going to get OCI card next year, and we plan to have our first child after moving to India. Will our child be eligible to apply for UK citizenship?

[ban.s]

The child will be British citizen by birth.

2 Acquisition by descent.
1)A person born outside the United Kingdom [and the qualifying territories] after commencement shall be a British citizen if at the time of the birth his father or mother
a)is a British citizen otherwise than by descent; or

[agrawal_c]

Thanks a lot for answering my query. I have few more queries in this regard, and would really appreciate your time:

1. As per my reading of the regulation this will be the case even if one of the parents is a British Citizen?

2. Would it work if our normal place of residence after OCI card is India, or this is immaterial?

3. Also do we need to come back to UK first on an Indian passport and then apply for a UK passport? Or can we apply for British citizenship from India?

I thank you in advance for answering my queries as this is a very big decision for us.

Kind regards

[ouflak1]

1. As per my reading of the regulation this will be the case even if one of the parents is a British Citizen?

Yes, if the parent(s) is British otherwise than by descent. Would you mind stating the citizenship of the parents, and how they acquired that citizenship? This will allow us to elaborate a bit more specifically.

2. Would it work if our normal place of residence after OCI card is India, or this is immaterial?

If someone qualifies for British citizenship by descent, their country of residence is irrelevant (unless ofcourse they are born in the UK).

3. Also do we need to come back to UK first on an Indian passport and then apply for a UK passport? Or can we apply for British citizenship from India?

You can apply for the child's citizenship abroad. Once it is acquired, the child will not qualify for an Indian passport anyway. After they are have gotten their citizenship, you can then apply for their British passport abroad.