Childs Citizenship

[singhsss]

Hi,

I am in a very tricky situation (because I don't know the rules )

I am a british Citizen but my wife is an Indian citizen. She has her ILR valid intul 2024. My daughter is born in India. So should we apply for Indian passport? or should I apply for her naturalization at British High Commision / Embassy?

Is there any reference to anything published by GovUK on these lines, that I could get my hand on?

Any help is highly appreciated.

Thanks

[secret.simon]

How did you (the father) acquire British citizenship?

If it was by naturalisation, was the child born before or after the date on the naturalisation certificate?

[singhsss]

thanks for the quick response...
By Naturalization and the child was born after my naturalization

[secret.simon]

Apply directly for a British passport with the child's birth certificate and your naturalisation certificate.

Be aware that first British passports for children born abroad can take six months to a year.

Alternatively, apply for an Indian passport and then a CoE-RoA with the same evidence. That may take less time (six to sixteen weeks), but costs four times as much as a British passport.

[singhsss]

Hi,

My Child was born in India in June - 21 (My citizenship application was under process).
I got my British Citizenship in Oct - 21

So, should I apply for british passport or should I apply for Indian Passport?
If I apply for indian passport - do I need to apply for daughters ILR or What should I do?

Appreciate any help advice on this...

[secret.simon]

I merged your threads. In an earlier thread you advised that the child was born after you naturalised. In the post above, you advised that she was born before you naturalised. Can you confirm you have got the dates correct?

Also, the date of naturalisation is the date on your naturalisation certificate/the date of yoru citizenship ceremony. The fact that your application was in progress is irrelevant.

As the child was born abroad before you became a British citizen, the child will follow the same immigration pathway as the second/less-privileged parent.

What is the UK immigration status of the other parent? If the second/other parent has ILR, the child can apply for ILE same as ILR, but issued outside the UK) as well.

should I apply for british passport

As the child is not a British citizen, you can't apply for a British passport for her.

The child would have been a British citizen if they were born in the UK (as at least one parent, you) would have had ILR at the time.

should I apply for Indian Passport?

Assuming that you and/or the other parent were an Indian citizen at the time of the child's birth and she was born in India, yes, you can apply for an Indian passport for her.

If I apply for indian passport - do I need to apply for daughters ILR or What should I do?

Same application as the other/second parent.

[singhsss]

Thanks @simon

And once they reach UK, daughter has to wait for 5 years to apply for Naturalization and then British passport?

My other partner is indian passport holder and she is on ILR.

[singhsss]

Thanks @Simon

I called up at least 3 time to passport office and they are saying I should apply for MN1 form (Register my daughter) and then apply for british passport.

Your response helped me in coversation with the agent to specify the dates - just that there's no confusion.

Now I am lost as which path should I take.

[secret.simon]

If date of birth of the child is on or after the date on your naturalisation certificate;

• Apply for a British passport with your naturalisation certificate and the child's birth certificate

If date of birth of the child is before the date on your naturalisation certificate;

• Apply for ILE (not sure of the form, but others can advise) with your naturalisation certificate and the other parent's ILR BRP.

• Once the child is in the UK (any time after arrival), the child can be registered as a British citizen on Form MN1.

• Once the child's registration certificate has been received, apply for their first British passport.

Does that make it easier?

[singhsss]

Thanks @secret.simon

I have been reading form MN1 and I again reached out to passport office (Ideally it should be home office).

In form MN1 Guidance - Page 15, last para

the parents’ nationality and immigration status – we expect either both parents
to be British citizens or one parent a British citizen and the other parent settled
in the UK

Using this is the passport office suggesting that I should apply MN1 and register as British child and then apply for Bpassport - I will ask them this quesiton later today

But just getting any forum experts opinion for which route to take

[singhsss]

If date of birth of the child is on or after the date on your naturalisation certificate;

• Apply for a British passport with your naturalisation certificate and the child's birth certificate

If date of birth of the child is before the date on your naturalisation certificate;

• Apply for ILE (not sure of the form, but others can advise) with your naturalisation certificate and the other parent's ILR BRP.

• Once the child is in the UK (any time after arrival), the child can be registered as a British citizen on Form MN1.

• Once the child's registration certificate has been received, apply for their first British passport.

Does that make it easier?

Thanks