British_Father_Indian_Mother_IndianBorn_Baby

[kharabhath]

Dear Friends,

This forum has been immensely helpful!

I have an issue and your help is greatly appreciated!!.

1. I am Naturalised British Citizen (Tier-1 General> ILR > Naturalisation) ;
2. My Wife came on Tier-1 General (Dependent) > ILR. She has applied for the Naturalisation application and waiting for the decision. She is in India on ILR(Indian Passport).
3. My Wife gave birth to our baby in India.

It is unclear of the documentation needed for our new born baby to travel to UK...
a) Apply for British Passport in India? OR
b) Apply for Indian Passport > Tier-1 Dependent and come over to UK for applying British passport? OR
c) ... (any options)

Many thanks,
Khara

[CR001]

Child can't apply for Tier 1 Dep as neither parents hold that category visa.

Child can apply for CoE-RoA or British passport.

Passport application from India takes 6-12 months.

[secret.simon]

Another way to look at this is that because the child is born to a British parent, the child is a British citizen by descent and can not be issued a visa to enter the UK.

The only options, as CR001 mentioned, are a British passport or a CoE-RoA on an Indian passport.

Timelines on these forums suggest that CoE-RoA takes between six and sixteen weeks.

[kharabhath]

Thank you CR001 / Secret.Simon ,

1. So, When the CoE - ROA is applied - Is it mandatory for me to post my British Passport - Can I travel back to the country while my wife / baby wait for the decision to be made? - Sorry, I could not find the document checklist for the indian application from the search.

2. Also, to summarise ... for our situation - the only two options available are ...
(i) CoE - RoA on Indian Passport for the Baby :: 6 ~ 16 weeks
(ii) Direct Application to the British Passport :: 6 - 12 months

I am very nervous of the fact that (i) CoE - RoA has a rejection + appeal process with no way out but to keep waiting!

Many thanks
Khara

[vinny]

There is no longer an appeal process for CoE-RoA applications.

[kharabhath]

thank you!.

does this also mean - a straightforward application based on one parent being a British citizen by naturalisation?

on a curious note - what happens to the baby born if both parents are holders of ILR?

[vinny]

Should be straightforward, if the ECOs know the legislations. Unfortunately, some don't.

If baby is born aboard when neither parents are British, then baby would not be British and would be ineligible.

[secret.simon]

on a curious note - what happens to the baby born if both parents are holders of ILR?

Such a child would be eligible for ILE and would be eligible for registration at the SSHD's discretion when the second parent naturalises.

Children born abroad typically have the status of the less-privileged parent.

[tier1o]

Apologies for the irrelevant post but congratulations simon on wearing purple.

[kharabhath]

thanks everyone

a. in my case - the case is fairly straight forward ; however, if the ECO rejects due to ignorance - I have no appeal / corrective mechanism available

- what happens in this case - re/apply?

b. closing a curious topic - if both parents are on ILR ; how can the baby born outside enter the country?

- ILE? ( more like ILR dependent?)

i guess, the idea in both cases is to ensure family reunites after the baby is delivered abroad (india, in this case).

[secret.simon]

a. in my case - the case is fairly straight forward ; however, if the ECO rejects due to ignorance - I have no appeal / corrective mechanism available

- what happens in this case - re/apply?

Yes. Re-apply.

Or even better, send in a water-tight cover letter first time around, citing the specific laws that apply to your circumstance.

Most of the incorrect rejections seem to be occurring in Chennai. See if you can apply at some other DHC.

Don't worry, fate shouldn't deal you a bad hand

b. closing a curious topic - if both parents are on ILR ; how can the baby born outside enter the country?

- ILE? ( more like ILR dependent?)

ILE is the same as ILR, but granted outside the UK.

ILR=Indefinite Leave to Remain (because you are already in the UK when you are applying for it)

ILE=Indefinite Leave to Enter (Because you are outside the UK and need to enter)

Apologies for the irrelevant post but congratulations simon on wearing purple.

I hate to disappoint you, but the lady in purple on today's Evening Standard was the Queen, not me.

Thank you for the compliment. I hope you have got your passport observation page suitably amended.

[kharabhath]

Thanks Secret.Simon,

(1)
May i finally ask if both parents need to surrender the passports in this case - I understand that the Naturalisation certificate (issued during the ceremony) is sufficient to corroborate with the child's birth certificate / passport?

The reason being, it is almost impossible to request (6~16 weeks) vacation from my UK based employer under my circumstance.

(2)
Also, any reference / sticky for the water tight cover letter would be appreciated

Many thanks
khara

[kharabhath]

Friends

This is regarding application for British passport for a baby born outside UK.

1. The baby was born in India and 2 weeks old, currently in India
2. Mother holds an Indian Passport with ILR
3. Father holds a british citizenship and british passport

Can I legally apply for child's British Passport in UK?

Kharabhath

[secret.simon]

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