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Naturalization for child of Indian parents born in UK

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

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sdprashant22
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Joined: Wed Jul 04, 2018 7:10 am
India

Naturalization for child of Indian parents born in UK

Post by sdprashant22 » Sat Sep 08, 2018 8:01 am

Hi,
I have not managed to find a clear answer to this so far so i'll try to describe the situation here.
My son is 6 months old and was born in UK. At the time of his birth i didn't have ILR. I recently got ILR and looking for naturalization process for my Son. MN1 form asks current nationality of my son.
I am not sure if i should say Indian or not because may be i'll be required to register his birth in Indian Mission?

Can someone who is sure about it confirm?

Thanks,

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alterhase58
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Location: UK Bucks
Germany

Re: Naturalization for child of Indian parents born in UK

Post by alterhase58 » Sat Sep 08, 2018 6:29 pm

But son is Indian citizen already due to fathers being Indian citizen?
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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

Re: Naturalization for child of Indian parents born in UK

Post by secret.simon » Sat Sep 08, 2018 9:17 pm

alterhase58 wrote:
Sat Sep 08, 2018 6:29 pm
But son is Indian citizen already due to fathers being Indian citizen?
No.

Indian citizenship law does not provide for automatic acquisition of Indian citizenship to children born abroad to Indian parents. They only acquire Indian citizenship if they are registered with an Indian mission abroad within one year of birth.

In the absence of such registration (with the Indian mission abroad), the child is stateless. That is also the case for children born to Sri Lankan and Australian parents born abroad.

The lack of automatic acquisition of citizenship through descent when born abroad is also the basis of the MK judgment.

To the OP, if you have not registered him with the Indian authorities, the child is stateless.
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.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Naturalization for child of Indian parents born in UK

Post by vinny » Sun Sep 09, 2018 2:14 am

Being stateless or otherwise should not affect child's entitlement to register under Section 1(3).
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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