Naturalisation and registration queries

[SNG]

could you please suggest in case of my wife(Indian passport with ILR stamped) would have a baby in India(november) and i will get my British passport in 2-3 months, can our child get british passport based on my British passport?(from India)or do they consider mother's status? (indian)

[Jambo]

When you say you will have a British passport in 2-3 months, do you mean that you have already applied for BC or that you plan to apply in 2-3 months? If the application is not granted (and you attend a citizenship ceremony) before the child birth in India. The child will not be British because you are not British during the child birth.

A child born to a naturalised British would be British no matter where he is born or the nationality of the other parent.

The child would also be Indian from birth. However if he applies for a British passport, he would lose his Indian citizenship.

[geriatrix]

I have applied for naturalisation (joint application) 6 weeks ago, but my wife who is pregnant wants to go India for delivery. she has to travel not later than next 6 weeks time.
* If we do not get any approval before that time from HO
(A) she would have to loose the chance (after receiving approval oath should be taken in 3 months) - would this be a problem when re-applying for naturalisation in future?
(B) She will use her Indian passport to go India with existing ILR stamp, In this case can we apply BC/passport for the child?(Nov 2012) if Father British citizen & mother still Inidian (i'll finish my BC process from here-UK)
* If we get approval around that time
(C) I'll book a private ceremony and apply her British PP from India (i think its possible-as per other posts/replies on the forum) ?!?
(D) would there be any problem if travelled to India with ILR after citizenship ceremony? and back to Uk on same(ILR)... is there any grace period/fine if Indian passport is used?
(E) if go out to India on ILR, apply british passport, what is the next option-
visa to UK or PIO/OCI by surrendering Indian passport.
What visa does the child need, if holding a british passport?
Please reply to above points.

[geriatrix]

1. I stand to be corrected but I am given to understand that it may be possible to book and attend a citizenship ceremony outside the UK even if naturalisation application has been submitted in UK. Perhaps this is allowed subject to certain circumstances, so you may wish to check with UKBA on this. To answer you question, if she is unable to book or attend a ceremony in the UK, it will not affect a new naturalisation application in the future.
2. If you are a British citizen on the day your child is born, the child will be British by descent - irrespective of the nationality / UK immigration status of your wife.
3. Yes.
4. 3 months. Beyond that, penalties apply.
5. When British passports are issued to applicants, BHC will advise what needs to be done with respect to Indian immigration.

For further queries on Indian immigration (passport surrender / OCI / PIO / visa etc.), please post in the relevant forum.

[vinny]

1. See also Chapter 6 > Transfers from the UK to abroad 6.11.22.11 onwards.

[Jambo]

1. I stand to be corrected but I am given to understand that it may be possible to book and attend a citizenship ceremony outside the UK even if naturalisation application has been submitted in UK. Perhaps this is allowed subject to certain circumstances, so you may wish to check with UKBA on this. To answer you question, if she is unable to book or attend a ceremony in the UK, it will not affect a new naturalisation application in the future.

Transfer of ceremonies abroad is not possible unless married to a BC (section 6(2) application). However, your wife should be able to apply for extension of the 3 months until she returns to the UK. Please note that if she is out from the UK for more than 6 months, this might cast doubts on meeting the future intentions criteria.
See more 6.11.22.5 and the following sections.

[SNG]

Thanks to you all. i have checked the info from the links provided, very useful...