ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Child born in U.K.

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

Locked
sharbt_hvr
Junior Member
Posts: 72
Joined: Mon May 19, 2008 4:36 pm

Child born in U.K.

Post by sharbt_hvr » Sun Nov 13, 2016 10:45 pm

Hi ,

I have situation though both parents have ILR and not British citizen does not want their child to automatically be British citizen , both have not taken citizenship though eligible ..

-is it possible that still child retain parents nationality ?

-what is the process for same ( INDIAN ) & will there be any issues as such ?

- If child born I assume first get passport and then apply go which immigration category should apply ?

- which one will be cheaper & safe : born in U.K. Or India ?

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child born in U.K.

Post by secret.simon » Sun Nov 13, 2016 10:53 pm

If both parents have ILR,

If the child is born in the UK,
  • The child is automatically British by force of law. S/he would have both British & Indian citizenship till the age of 18 or until the parents apply for a British passport for them, whichever is first.

    The parents can apply for an Indian passport and then a CoE-RoA in that passport.
In the child is born abroad
  • The child will have no UK status automatically. The parents will have to apply for ILE for the child to bring him/her to the UK. If the child were to register as a British citizen, s/he would lose Indian citizenship automatically.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 12:59 pm

Re: Child born in U.K.

Post by ouflak1 » Tue Nov 15, 2016 12:54 pm

sharbt_hvr wrote:Hi ,

I have situation though both parents have ILR and not British citizen does not want their child to automatically be British citizen , both have not taken citizenship though eligible ..

-is it possible that still child retain parents nationality ?

-what is the process for same ( INDIAN ) & will there be any issues as such ?

- If child born I assume first get passport and then apply go which immigration category should apply ?

- which one will be cheaper & safe : born in U.K. Or India ?
As long as you take no action on behalf of the child, and they take no action on their own, to obtain or exercise citizenship (such as applying for a UK passport), then India will be satisfied that they are still an Indian citizen until the age of 18 as noted above. Note that the child must be registered within two years of birth at an Indian consulate. This will require signing an oath that you have never tried in any way to exercise the child's citizenship. However I'm not certain that failure to do this necessarily blocks recoginition of citizenship.

As far as the costs are concerned, it depends on what your long-term and short-term goals as regards to travel, residency, work and education are. If you obtain an Indian passport for the child, you will probably have to get a ROA (Right of Abode) certification for the child (if you intend to travel). They cannot apply for a visa as citizens do not qualify for visas and in the eyes of the UK, the child is a UK citizen.

I hope that isn't too confusing, but unfortunately citizenship can get convoluted because of all the differing laws between countries.

sharbt_hvr
Junior Member
Posts: 72
Joined: Mon May 19, 2008 4:36 pm

Re: Child born in U.K.

Post by sharbt_hvr » Sun Jan 15, 2017 1:33 pm

Hi,

Just one more query:

I am dilemma which one would be faster as I need passport soon to travel him/mother back to India.
Any pointers.

- Indian as both parents have indian citizenship.
- UK as child being born here and less bureaucracy?

rgds.
sharbt_hvr

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child born in U.K.

Post by secret.simon » Sun Jan 15, 2017 9:24 pm

If you apply for British passport, the child will automatically lose the Indian citizenship and will become solely British.

If you want the child to remain a dual British and Indian citizen, apply for an Indian passport and then apply for a CoE-RoA in the Indian passport.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Locked