Child born outside UK for British Parents - MN1 registration required?

[Spykii21]

Hi everyone,

Myself and my wife have attained British Citizenship by Naturalization after being on Tier 2 Skilled Worker visa + ILR. Our baby will be born outside UK (India) later this week. My understanding is that the child is automatically a British by descent? and we directly apply for a British passport for the baby as I'm planning to bring the mother and baby to UK in a few months time or do i need apply to register the baby as British first by completing the MN1 form please?

Any help would be appreciated. I've got confused after reading information's from multiple online sources.

Thanks

[alterhase58]

The baby will be a British citizen from birth - as you are British yourselves!
There's nothing to register - MN1 is for non-British children.
Just apply for a British passport for the child.

[Spykii21]

Thank you for the quick response. Please can I ask one more question if you don't mind.

My wife is in India on her e-visa and she can't stay longer than September 2024. I've read that a new British passport when applied outside UK can take longer than 6 months so we weren't sure what options we have to bring the baby and mother back to UK. As there isn't enough time to get a British passport for the baby can we apply for an COE - right to abode or for an emergency travel document without UK passport please?

Apologies if they both are same..

Thanks again.

[alterhase58]

Right of Abode COE is probably best to go for as it should "only" take a few weeks.
Emergency travel documents are not available unless person had a British passport previously.

[Spykii21]

Thanks again.. Much appreciated.. Does it matter when we apply for the right to abode please? Also do we need to apply for a British passport simultaneously? as tick box exercise (knowing it's not going to come sooner) so the case worker understands that we were genuinely trying for it.

TIA

[alterhase58]

Basically from the day you have baby's birth certificate and foreign passport.
ROA-COE requires a foreign passport so child will need one into which the ROA is attached.
One can't have ROA and a British passport! Also ROA and British passport are administered by different organisations (UKVI and HMPO respectively).

[CR001]

Your only option is to apply for a British passport.

As neither you or your wife are Indian citizens, the child is unable to apply for an Indian passport.

[Spykii21]

Thank you that makes sense..

Unfortunately the baby can't have a foreign passport as both parents are British and baby would automatically be a British by descent. My options seem to be getting limited every step.. I'm hoping we can apply for an An emergency travel document without UK passport explaining our situation. Got the below info from Gov.uk.

If you have never held a UK passport, or not held one in the last 10 years, you cannot get emergency travel documents for activities such as holidays, weddings, family events and job interviews.

You’ll have to explain and provide evidence to show why your journey is urgent and essential. Applications are assessed on a case by case basis.

[CR001]

You can't apply for an emergency travel document for the child.

The circumstances you describe are not essential or urgent.

[Spykii21]

Your only option is to apply for a British passport.

As neither you or your wife are Indian citizens, the child is unable to apply for an Indian passport.

Hi

Thanks for your reply. The only issue we have going that route is the time duration for British passport. My wife has a maximum stay period (180 days) under e-visa which will be till September 2024.

[CR001]

You don't have any other option. Best to apply as soon as possible then.

[Spykii21]

You can't apply for an emergency travel document for the child.

The circumstances you describe are not essential or urgent.

Thank you.. Appreciate your help.. I'll just check with the home office to see if there is any other solution for our case.

[Spykii21]

You don't have any other option. Best to apply as soon as possible then.

Thank you.. fingers crossed.. will probably write a covering letter explaining our situation and hope for the best..

[CR001]

There isn't and the call centre which is a third party agent won't give you other options as there aren't any.

Your wife's visa situation in a country where she presumably used be a citizen and likely has family, is irrelevant to the child's passport application.

Why did she not resolve her oci status before going to India to avoid this issue. Or even more simply, have the baby in the UK.

[Spykii21]

There isn't and the call centre which is a third party agent won't give you other options as there aren't any.

Your wife's visa situation in a country where she presumably used be a citizen and likely has family, is irrelevant to the child's passport application.

Why did she not resolve her oci status before going to India to avoid this issue. Or even more simply, have the baby in the UK.

Thanks. There was an emergency family situation and due to which she had to fly at 32 weeks with an e-visa (we have surrendered our Indian passport and were getting ready to apply for OCI) and she couldn't return back as the Stupid don't allow beyond 32 weeks. So that's the long story short.