Child born to UK citizen - Indian passport

[ramu123]

Hi,

I am British citizen and my wife is Indian.
As I understand our baby (due in few months) will be British by birth.
Now I would like to have Indian passport for the baby. Part of the requirement for this is to obtain confirmation from UKBA that baby has not acquired British citizenship.

Now, if I proceed with this, will the baby remain British (so no need to register) or is this (getting the non-acquisition from UKBA) same as giving up the British citizenship?

I am under the impression that baby can have indian passport and give it up when British passport is acquired in future.

Your clarification much appreciated. Thanks.

[ramu123]

I have gone through the sticky note and understood the following and it led me to the following questions:

- In the above case, we can chose to have indian passport but we need to take right of abode from UKBA.

Can the right of abode / citizenship be taken at any time in future (inside or outside UK)?

- My other child, who has indian passport (at the time of the birth, parents are indian without ILR) will not be eligible for right of abode? She is now eligible for BC under 1(3). Is this correct?

[asim72]

I have gone through the sticky note and understood the following and it led me to the following questions:

- In the above case, we can chose to have indian passport but we need to take right of abode from UKBA.

Can the right of abode / citizenship be taken at any time in future (inside or outside UK)?

Right of abode cannot be taken.

Either your have it or you dont. You child has right of abode because all british citizens have right of abode and your child is a british citizen by default. You can get an indian passport for your child, but you must register childs birth with HCI/CGI within a year of childs birth, othewise there will be a lot of headache. Once you have Indian passport, then you can apply to get a sticker called "certificate of entitlement to the right of abode". If at any point your child obtains a British passport, that sticker will be invalid and wont be renewed.

- My other child, who has indian passport (at the time of the birth, parents are indian without ILR) will not be eligible for right of abode? She is now eligible for BC under 1(3). Is this correct?

yes, but once this child gets registered as British citizen, you will have to surrender childs Indian passport.

[ramu123]

Can you please confirm if requesting non-acquisition of British citizenship result in giving up British citizenship?

[Jambo]

You can't ask for non-acquisition of British citizenship because the child is British. It will not result in renouncing BC (which can't be done before the child is 18 anyway).

In such cases that the child is automatically dual national, the Indian authorities would see him as Indian until he exercise the other nationality (such as getting a passport).

I'm not familiar with the requirements of HCI for a passport (you are better asking those questions in the Other countries section of the forum) but my understanding is that if a passport is issued before the child is 1 years old, there is no requirement for non-acquisition of British citizenship certificate.

[ban.s]

Can you please confirm if requesting non-acquisition of British citizenship result in giving up British citizenship?

this is not a case of non-acquisition of BC but non-acquisition of British Passport. The latter is a mere travel document only.
As Jambo rightly said, from UK nationality perspective the child will be a dual national, and India and rest of the world will treat the child as Indian.

[imurlove]

Today I went to apply for passport of our son who is born 10 days ago. I was asked to register a birth online which I did but my application for passport was not taken and I was asked to get certificate that my son has not applied for British passport. Our background is I am British citizen, my wife is Indian citizen and has ILR. Now as far as I researched, there is no such certificate that Identity and passport office issues saying that we have not applied for passport of our son. I don't think I can apply for non-acquisition from UKBA as my son is British by birth.

I am not sure how should I proceed from here.

[ban.s]

also see this discussion
http://www.immigrationboards.com/viewto ... 6&start=20

[vinny]

Hi,
I have two kids with Indian passports both born in UK.
One before I got citizenship (and ILR) and the other one after.

Can someone please clarify the following?

- For my eldest child who was born before I got ILR, if we move out of UK will she be able to get British passport (i.e. from outside)? If it's given, is it at the discretion of UKBA or UKBA has to grant the citizenship?

- For my second child who was born after I got UK citizenship, if I take the Right of Abode, when renewing Indian passport, will UKBA issue a Non-Acquisistion of UK citizenship if Indian commission wants this? Will Indian commission create any problem renewing the passport if it sees Right of Abode as UK citizenship?

Your clarifications much appreciated.

Thanks.

I am also in the same situation as you, I don't think Indian HC would create a problem for renewing the passport as long as one parent is holding Indian

Any how lets wait for experts advice

[vinny]

Hi,
I have two kids with Indian passports both born in UK.
One before I got citizenship (and ILR) and the other one after.

Can someone please clarify the following?

- For my eldest child who was born before I got ILR, if we move out of UK will she be able to get British passport (i.e. from outside)? If it's given, is it at the discretion of UKBA or UKBA has to grant the citizenship?

Entitlement.

- For my second child who was born after I got UK citizenship, if I take the Right of Abode, when renewing Indian passport, will UKBA issue a Non-Acquisistion of UK citizenship if Indian commission wants this? Will Indian commission create any problem renewing the passport if it sees Right of Abode as UK citizenship?

Child is automatically a British citizen. However, if child has not become a British citizen by registration nor naturalisation in the UK, then the UKBA may issue a Confirmation of the non-acquisition of British citizenship. See also Are you a minor, Indian by descent and also foreign citizen?

[snowflake007]

Hi,

I have accquired british citizenship but my wife is still on indian passport and we have taken indian passport for my newborn born in Uk and eligible for both indian/british citizenship.

I wonder if it is possible to get british passport without naturalization or registration for my son and surrender the ROA and Indian passport if we decide to settle in UK ?

While filling the form for ROA i am facing difficulty, firstly the form is not getting uploaded and secondly there is a question about nationality for my son , which should be british citizen but there is no such option rather other options like british overseas citizen, british national overseas, british subject, british protected . Can anyone help with this.

many thanks

regards