BC baby with Indian mother travelling back to India

[mercman]

Hi,
Just found this forum while looking for some info. Looks like there are some knowlegeable guys amongst you so maybe you can help.

I am a BC but my fiancee is Indian. We have just had a baby boy who I am led to believe can have a UK passport no problem. We do plan to get married but are unable to at the moment. Mother and baby will have to return to India shortly (not sure for how long yet) and what I am trying to find out is what does my baby need to be able to travel to India. (e.g. visa?) Or is he able to travel with his mother as she is an Indian citizen?
Hope I've explained this clearly enough for someone to undestand it!
Any info will be gratefully received.

[JAJ]

Hi,
Just found this forum while looking for some info. Looks like there are some knowlegeable guys amongst you so maybe you can help.

I am a BC but my fiancee is Indian. We have just had a baby boy who I am led to believe can have a UK passport no problem.

Two questions which have a significant impact on the child's nationality status:

1. Was the child born before or after 1 July 2006?
2. What is your fiancee's immigration status in the United Kingdom?

[mercman]

Hi,
Thanks for you reply.
Baby was born 22/07/06
Mother was on a tourist visa that has expired but we have an extension application pending. Due to the circumstances she was unable to travel home so we wrote to the home office and explained with an application for extension. We are still waiting, but were told by Liverpool office that she was OK to stay while there was an application pending. Once everything is sorted she will be returning home and then we will make decisions on visas/ marriage etc. and if & when we will return to UK.
Thanks

[JAJ]

Hi,
Thanks for you reply.
Baby was born 22/07/06

As the child was born after 30 June 2006 then you ought to be able to pass on your nationality automatically (as an unmarried father) without doing a Home Office registration application.

Are you named as the father on the birth certificate? If so then just apply for a British passport for the child.

As I understand it, children born now outside India are not automatically Indian citizens (and they won't register a British child). So you will need to get a visa for the child from the Indian High Commission. Alternatively, see if you can get the child a PIO Card or Overseas Citizenship of India.

[mercman]

Thanks JAJ
That confirms what I thought about the British passport. It was the getting into India that I was unsure about. It would make more sense to be able to get some form of citizenship instead of having to apply for a Visa as he may be staying there for an unknown amount of time. All depends on whether my company are sending me out to work there for a spell. Excuse my ignorance but what is a PIO card?

[JAJ]

Excuse my ignorance but what is a PIO card?

http://en.wikipedia.org/wiki/PIO_Card

[mercman]

Thanks JAJ
Thats exactly what I need
Thanks for your help.