CoE-RoA application for UK born child from India

[Orinayano]

Hi Everyone,

Can someone please help me with this.

We're applying for a CoE-RoA for our 2 year old child. He is born in the UK in 2022. Both of us got ILR after his birth. Mother & child are in India and the child's BRP expired. Our understanding is that he is eligible for CoE-RoA & that is our preferred option as the process is a lot quicker than British Passport from India.

1. While filling the application online, the section about visits to UK has me confused. How do I convey that the child is not "visiting" UK and in fact returning "home" after visits to India?
2. How critical is the section on visits to hospitals? Is one visit enough or do we need to list all the visits? Unable to get all the accurate dates at the moment and there have been quite a few.
3. Family in country of birth, nationality - Gave both of our names for the birth country (UK), 4 grandparents for nationality (India). Hope that is correct and enough?
4. In travel history, we just noticed that one Heathrow arrival stamp is missing in his passport. Is that going to be an issue?

Appreciate your help!

[CR001]

You can only apply for CoE RoA if the child is British. Have you already registered the child as British on form MN1 after either parent got ILR??

What visa BRP card exactly has expired?

Note once your child is voluntarily registered as British, they automatically lose their Indian citizenship and passport, so CoE RoA won't work.

[Orinayano]

You can only apply for CoE RoA if the child is British. Have you already registered the child as British on form MN1 after either parent got ILR??

What visa BRP card exactly has expired?

Note once your child is voluntarily registered as British, they automatically lose their Indian citizenship and passport, so CoE RoA won't work.

I've seen multiple posts that particularly discuss applying for CoE-RoA for a child with Indian passport. Infact I've seen comments from others that said British kids cannot apply for this. Even the application form asks for the nationality. So, not sure your first statement is accurate.

The BRP that has expired is the Skilled Worker dependent.

[CR001]

You've not answered the question if your child is already British after registering on form MN1?? If this has not been done, the child is not British.

If your child has been registered as British they lose their Indian citizenship automatically.

The rules are different for children born British and have one parent not British.

[Orinayano]

You've not answered the question if your child is already British after registering on form MN1?? If this has not been done, the child is not British.

If your child has been registered as British they lose their Indian citizenship automatically.

The rules are different for children born British and have one parent not British.

No, he is not registered as British. So, how are the other people applying for this with their kids on Indian passports? Assuming kids lose Indian passport as soon as they are registered as British.

[CR001]

So, how are the other people applying for this with their kids on Indian passports?

This is when a child is born to one British parent and one other nationality parent. The child is automatically British. Different rules.

Assuming kids lose Indian passport as soon as they are registered as British.

Not all children are registered as british. It is not one rule for everyone. Different rules apply to different situations. It is not one size fits all.

Your child is NOT British if the child was born BEFORE either parent got ILR.

[Orinayano]

So, how are the other people applying for this with their kids on Indian passports?

This is when a child is born to one British parent and one other nationality parent. The child is automatically British. Different rules.

Assuming kids lose Indian passport as soon as they are registered as British.

Not all children are registered as british. It is not one rule for everyone. Different rules apply to different situations. It is not one size fits all.

Your child is NOT British if the child was born BEFORE either parent got ILR.

Apologies, I misunderstood the whole thing then. Can you please suggest what options we have now? He is in India at the moment and the previous BRP (Skilled Worker dependent) expired in December 2024. Planning to travel to UK in Mar-Apr 2025.

[CR001]

You only have two options.

Apply for a child settlement visa and the child will likely get Indefinite Leave to Enter or apply to register the child as British and once approved a British passport.

Either way, it is going to cost you a lot.

Child settlement visa is the quickest.

[Orinayano]

You only have two options.

Apply for a child settlement visa and the child will likely get Indefinite Leave to Enter or apply to register the child as British and once approved a British passport.

Either way, it is going to cost you a lot.

Child settlement visa is the quickest.

Child ILR Application form says it can only be applied from within the UK. Just thinking out loud, Can I register them as British and get CoE-RoA? Is there any benefit?

[CR001]

If you read what I said, the child will likely get ILE, the outside of uk ILR equivalent. I said you have to apply for a child settlement visa so unsure what form you are looking at.

https://www.gov.uk/uk-family-visa/child

Registering the child as British from abroad can take up to 6 months, often longer.

Your child loses their Indian citizenship and passport once they are voluntarily registered as British.

[Orinayano]

If you read what I said, the child will likely get ILE, the outside of uk ILR equivalent. I said you have to apply for a child settlement visa so unsure what form you are looking at.

https://www.gov.uk/uk-family-visa/child

Registering the child as British from abroad can take up to 6 months, often longer.

Your child loses their Indian citizenship and passport once they are voluntarily registered as British.

Thanks, that's where i went initially but got lost in the sea of links on there and wandered off to the ILR page.

£1800+ for ILE!! Seems a lot for a redundant visa if we intend to apply for citizenship as well. Wish there was a one off entry visa route or even a limited entry dependent visa.

[Orinayano]

Hi Everyone,

Can someone please help me with this.

We're applying for a CoE-RoA for our 2 year old child. He is born in the UK in 2022. Both of us got ILR after his birth. Mother & child are in India and the child's BRP expired. Our understanding is that he is eligible for CoE-RoA & that is our preferred option as the process is a lot quicker than British Passport from India.

1. While filling the application online, the section about visits to UK has me confused. How do I convey that the child is not "visiting" UK and in fact returning "home" after visits to India?
2. How critical is the section on visits to hospitals? Is one visit enough or do we need to list all the visits? Unable to get all the accurate dates at the moment and there have been quite a few.
3. Family in country of birth, nationality - Gave both of our names for the birth country (UK), 4 grandparents for nationality (India). Hope that is correct and enough?
4. In travel history, we just noticed that one Heathrow arrival stamp is missing in his passport. Is that going to be an issue?

Appreciate your help!

@CR001 thanks for your help so far. The questions are mostly similar in the ILE form. Can you please clarify these questions if you can.

[CR001]

If you read what I said, the child will likely get ILE, the outside of uk ILR equivalent. I said you have to apply for a child settlement visa so unsure what form you are looking at.

https://www.gov.uk/uk-family-visa/child

Registering the child as British from abroad can take up to 6 months, often longer.

Your child loses their Indian citizenship and passport once they are voluntarily registered as British.

Thanks, that's where i went initially but got lost in the sea of links on there and wandered off to the ILR page.

£1800+ for ILE!! Seems a lot for a redundant visa if we intend to apply for citizenship as well. Wish there was a one off entry visa route or even a limited entry dependent visa.

You were advised more than a year ago that you can apply for citizenship once either parent gets ILR. You clearly chose not to and now you have an expensive problem.

https://www.immigrationboards.com/viewt ... 1#p2135597

The child could also have simply applied for ilr when you did. Or you could have extended their skilled worker dependent visa. But as their visa has expired, you only have one visa option available and yes, it is expensive.

[Orinayano]

If you read what I said, the child will likely get ILE, the outside of uk ILR equivalent. I said you have to apply for a child settlement visa so unsure what form you are looking at.

https://www.gov.uk/uk-family-visa/child

Registering the child as British from abroad can take up to 6 months, often longer.

Your child loses their Indian citizenship and passport once they are voluntarily registered as British.

Thanks, that's where i went initially but got lost in the sea of links on there and wandered off to the ILR page.

£1800+ for ILE!! Seems a lot for a redundant visa if we intend to apply for citizenship as well. Wish there was a one off entry visa route or even a limited entry dependent visa.

You were advised more than a year ago that you can apply for citizenship once either parent gets ILR. You clearly chose not to and now you have an expensive problem.

https://www.immigrationboards.com/viewt ... 1#p2135597

The child could also have simply applied for ilr when you did. Or you could have extended their skilled worker dependent visa. But as their visa has expired, you only have one visa option available and yes, it is expensive.

Yes, unfortunately we ended up here due to multiple factors. Is tourist visa an option (just for the child) if the mother and child are planning to travel back to India within 6 months?

[secret.simon]

Is tourist visa an option (just for the child) if the mother and child are planning to travel back to India within 6 months?

How do you plan to prove that the child will not overstay on a tourist visa if both its parents are ILR holders? I think you will be required to apply for ILE.

Alternatively, apply to register the child as a British citizen (as they were born in the UK before your ILR, they have an entitlement and can't be refused), then apply for their British passport and the OCI. Be aware though that the whole process could easily take over a year, between the registration, first child British passport and OCI.

Also note that the child will lose their Indian citizenship and thus right to an Indian passport because they were not born with multiple citizenships, but acquired a foreign citizenship at some time after birth.

The children who can get a CoE-RoA in an Indian passport are those born with both British and Indian citizenship. So, either
(a) a British parent and an Indian parent and the child was born in India, or,
(b) a child born to at least one Indian parent and at least one parent who had ILR at the time of the birth of the child, born in the UK.

[Orinayano]

Is tourist visa an option (just for the child) if the mother and child are planning to travel back to India within 6 months?

How do you plan to prove that the child will not overstay on a tourist visa if both its parents are ILR holders?

Mother and child intend to stay in India for a while. We can prove from their travel history that they'll have been India for over 7 months at that point. Child is also removed from the nursery in the UK and is now attending nursery/school in India with the academic and transport fee already paid for an year. Mother needs to travel to the UK for a medical procedure that she had already booked. So, the child just needs to come along until she goes through it and the recovery (2-3 months). They'll also have the return flights booked. Hope we can explain this in a cover letter and submit the available proofs. Depending on circumstances, we may plan to apply for his citizenship end of next year.