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Help Needed Please - Status of new born child

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Singhy
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Posts: 35
Joined: Sun Jan 13, 2013 12:18 am
United Kingdom

Help Needed Please - Status of new born child

Post by Singhy » Sun Sep 08, 2013 5:24 pm

Dear Mods,

BACKGROUND -
Me and my wife are currently on ILR (granted Feb 2013 and naturalisation due Feb 2014). My wife is pregnant and we are expecting the child in feb 2014 for which my wife would be traveling to India end Nov 2013 end and will stay in India for the next 6 months. We then intend to get our child (who would be of 3-4 months at that time) back to UK.
My wife would then continue to be on ILR and i will take British Citizenship (will commence this process only when my wife and child are in UK with me)

QUESTION -
1. Since the child would be born in India to parents with ILR what would be the child's status ?
2. Will i be applying for the child's indian passport and ILR or child's british passport from India and get an indian visa for the child to stay a couple of months in India?

Any help would be much appreciated .

Regards, Y

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Sun Sep 08, 2013 5:37 pm

If the child is born abroad and neither of the parents are British, the child will have no British status.

You will need to bring the child back to the UK on a settlement visa then once in the UK the child may be able to register as British under section 3(1) but this will be subject to the discretion of the caseworker. Conversely, if the child was born in the UK the child would be British automatically.
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