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Citizenship for a ILR couple where child is born in India

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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harry7476
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Joined: Mon Sep 14, 2009 12:41 am

Citizenship for a ILR couple where child is born in India

Post by harry7476 » Sat Apr 13, 2013 6:41 am

Hi,

We are planning a family and have just received a ILR. My query is:

- If while I am on ILR what happens to the child's citizenship if my wife (again a ILR holder) goes to India for the delivery.

What is the child's status when her mother (on ILR) comes to the UK sometime in 2014?

By the time mother and child come back I have the option of applying for the citizenship. Also my wife might be in India but could be eligible for citizenship by the time she decides to bring the child (the due date might still be when she is on ILR).

Thanks for the assistance.
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Apr 13, 2013 7:48 am

Child born overseas to non-British parents will not be British. Child may apply for a visa prior to going to the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Apr 13, 2013 7:53 am

By the time mother and child come back I have the option of applying for the citizenship.
Is there any chance that you could be British by the time of the birth?

Also appreciate that if the child is born in the UK, the child will be British automatically from the moment of birth.
John
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harry7476
Newbie
Posts: 40
Joined: Mon Sep 14, 2009 12:41 am

Post by harry7476 » Sat Apr 13, 2013 11:48 am

What happens to the child's visa if the parents become British. But the child is born in India while mother has a ILR.

Does this mean that the child is eligible for citizenship automatically?

The way we anticipate the child will be born while on ILR and planning to have the delivery in India.

Thanks Vinny and John.
vinny wrote:Child born overseas to non-British parents will not be British. Child may apply for a visa prior to going to the UK.
By the time mother and child come back I have the option of applying for the citizenship.
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vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Apr 13, 2013 11:59 am

harry7476 wrote:What happens to the child's visa if the parents become British. But the child is born in India while mother has a ILR.
Nothing will happen to child's visa if the parents become British.
harry7476 wrote:Does this mean that the child is eligible for citizenship automatically?

The way we anticipate the child will be born while on ILR and planning to have the delivery in India.
No. Child's British citizenship registration will be subject to discretion (3(1)).

Consider having child born in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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