British Passport for Child born in UK.

[E44302]

Hello Moderators and Gurus,

I have a peculiar query and tried to find information on it but couldnt find much online, so here it is.

1) I have applied for PEO - ILR in month of May (Tier 1 General - 5 year route)
2) I have a child born in UK. I plan to apply through NCS at the council so that I can apply for his citizenship and passport at the same time in May after my ILR approval.
3) I have heard timelines can be anywhere from 2-6 months. For most cases I have read on the forum that on average it is around 3 months max.
4) I have travel plans in first week of September which is around 3 months after the NCS application.
5) If I dont get the childs passport by September, can I get the indian passport for him, take him to India on that and in the meantime the British passport application is still in progress.
6) Once I get the intimidation that the British passport is dispatched, I can come to UK and collect the passport.
7) We can surrender his indian passport there in the Embassy and fly to UK on his British Passport.

Is this something possible?

Thanks in advance!

[pupulu]

I believe, when you apply for Naturalisation at the NCS, they take copy of all your documents and return the originals including the passport. It should be ok for you to travel with your (child) current passport.

Experts, please confirm.

Regards,
P/S

[E44302]

@pupulu , to clarify I have not yet taken any passport for my child. He was born last year and since we were not travelling I thought to apply for his British passport after my ILR.

[ouflak1]

It's a bit odd. If you take the wording of Indian law literally, then the moment you applied for the child's citizenship/passport, the child is no longer able to claim Indian citizenship. I do believe that when applying for a child's first passport, you will have to sign an affidavit that you have in fact not ever tried acquire citizenship, or any benefit of citizenship (such as a passport), for the child. So technically, no, you can't do this. However keep in mind that this is only my interpretation and I have been rightly challenged on this before.

If you are unable to put off the travel plans, would you be willing or able to wait on the child's citizenship until after your return? Must the child travel with you?

You can always take the risk (I'm not suggesting this). It's hard to imagine that the Indian government will ever find out, especially as there is no such information exchanged between the governments on this. And most likely, the registration will come through beforehand anyway, so the point will be moot (though you will have to get a visa for the child then).

[E44302]

@ouflak1, what if

1.) I first apply for his Indian passport and hopefully get it in a couple of weeks.
2.) I also apply through NCS at the council so that I can apply for his citizenship and passport at the same time.
3.) I leave the UK and go for the travel plans.
4.) Once i get the confirmation of the UK passport, I fly back collect it and go back to my home country.
5.) Surrender the Indian passport there at the embassy.
6.) Fly back using the British Passport. Obviously it will not have any immigration stamps while leaving the UK as the child never used that passport to fly out. However while on return he will have the immigration stamps at the airport in India.

What I want to know is that if this is legally possible?

[CR001]

5.) Surrender the Indian passport there at the embassy.

Likely the passport authorities as there wouldn't be an Indian embassy in India

Child will need an exit visa on the British passport from India I believe.

[E44302]

CR001, Yes true, it would be the passport authorities in India.

I would think the British passport would be stamped on exit from India during the immigration.

Is this all possible and perfectly legal to do so? Any ideas who I can call and inquire?

Really confused at the moment. Please advise.

[E44302]

Friends and Moderators,

Any inputs \ suggestions on my query? Would appreciate if any guidance provided!

Many Thanks!

[E44302]

Any help ?

[ouflak1]

@ouflak1, what if

1.) I first apply for his Indian passport and hopefully get it in a couple of weeks.
2.) I also apply through NCS at the council so that I can apply for his citizenship and passport at the same time.
3.) I leave the UK and go for the travel plans.
4.) Once i get the confirmation of the UK passport, I fly back collect it and go back to my home country.
5.) Surrender the Indian passport there at the embassy.
6.) Fly back using the British Passport. Obviously it will not have any immigration stamps while leaving the UK as the child never used that passport to fly out. However while on return he will have the immigration stamps at the airport in India.

What I want to know is that if this is legally possible?

Sorry about taking so long to reply. It sometimes takes a bit of time before my check-old-posts signal goes off.

2) Technically this may invalidate his Indian citizenship, but it depends on how you interpret the wording of the law. That's even if the UK citizenship if refused, but again I emphasize, this is my interpretation.

6) Exit visa that CR001 was referring to..

Otherwise, I don't see anything technically illegal with your plan as the child does have a 90 day grace period to use the passport to travel to India with.

[E44302]

Any help gurus and moderators?