Baby Born in India- ROA - Applied Naturalisation before birth

[delight1411]

Hi All,

Please let me know if I can apply for right to abode for new born in India, when I, father applied for Naturalisation & British pasport before baby birth in India.

My scenarion is that,
1. Both myself & my wife had Tier 1 ILR in 2015 .
2. 1st baby born in UK in 2016 & took BrIrish passport.
3. I applied for Naturalisation & British passport together via NCS on 2018-09-04. Passport fee deducted arround 2018-09-20.
4. 2nd baby born in India on 2018-09-13 & took Indian passport.
5. My British passport arrived on 2018-10-14.

So my query is, can I apply for right to abode for my 2nd new born baby, as I applied for Naturalisation & British passport before the birth date, eventhough Naturalisation, oath & passport arrived after baby birth. My wife is still on ILR dependant.


Thanks,
Shashi

[vinny]

If the date on your naturalisation certificate is prior to baby’s birth, then yes. Else no.

[delight1411]

Thanks Vinny, No naturalisation was after baby birth.

[delight1411]

Also following link MN1 guidance "https://assets.publishing.service.gov.u ... y_2017.pdf"

has -

"Registration at the Home Secretary’s discretion – Section 3(1) application

Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.
"

Will it help ROA for baby's application?

[CR001]

Also following link MN1 guidance "https://assets.publishing.service.gov.u ... y_2017.pdf"

has -

"Registration at the Home Secretary’s discretion – Section 3(1) application

Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.
"

Will it help ROA for baby's application?

No it will not as you were NOT British at the time of the childs birth. Your spouse is also not 'settled' in the UK, ie holding ILR.

The child will follow the same visa path as the other parent and apply for ILR when your spouse does before the child can be registered as British.