child soon to be born

[sreeni]

hi all me again, now i have a few new questions,
I am british, my wife is indian on a 2yr spouse visa.
my wife has been here for a few months. We are planning on going for a holiday for a month to visit her family back home as she is missing them and also i must use up my annual leave from work.

1) if we go to holiday to india will this affect my wifes visa? she has a 2year multiple entry spouse visa

2) if we have a baby in the uk will it be british? i assume it will get a british passport? or will it need an indian one? or maybe both?

3) do i have to inform any one that we are having a baby?

4) if she has the baby in india what will be needed to be done to bring the baby to the UK,

Thanks in advance

[olisun]

1) no

2) yes, since you both are married and you are british.. about the passport you can apply for a british passport for your child but you can't have a Indian and a british passport

3) i don't know what you mean by that, but I suppose you must be visiting your GP for regular checkups

4) I can't answer that one but if you have the baby in the UK then you won't have to go thru all the trouble later

[John]

Sreeni, I think Olisun is right in his comments except I add as regards your no. 4 :-

If the child is born in India, or indeed anywhere outside the UK, there will no doubt be local laws relating to registration of birth in that country. Armed with that non-UK birth certificate, and your marriage certificate to prove that the child is entitled to be British, it will be a question of contacting the nearest British mission and first obtaining a British style birth certificate for the child and then getting the child a British Passport. In fact at most British Missions you can make both applications at the same time and they will be granted in sequence.

Although that procedure is a bit of a hassle the alternative is to obtain an overseas passport and then applying for a UK settlement visa for the child .... which is distinctly worse.

But just one extra thing about where the child is born. Under current legislation it could make a difference to the children born to that child. That is, if the child is born in the UK their children will be British wherever born. However if the child is born outside the UK then their children will only be British automatically if born in the UK.

Which actually raises a thought .... your own British status? Where were you born? Or have you been naturalised as British? Because you will appreciate that if you are British because of a parent but were born outside the UK then it follows that any child of yours born outside the UK is not automatically British.

All-in-all it really will simplify matters if the child is born in the UK.

[sreeni]

thanks john and olisun we would have had the child in the uk anyways as it would be less hassle i think , but wife was thinking of the possibility. I was born in india originally and came to uk on my mums passport in the late 1970's, i was maybe 2 or 3 , I think i became naturalised as british after my dad became british. I was british but had an indian passport till i was about 16 i think but then I applied for a british passport to avoid all the hassle on the return journeys when visiting india. Since i was born in india that means that my children will only be british if born in the uk i guess