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ROA for newborn in India when parent has got naturalization post birth

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

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Champa
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Posts: 1
Joined: Fri Nov 09, 2018 7:41 pm
India

ROA for newborn in India when parent has got naturalization post birth

Post by Champa » Fri Nov 09, 2018 8:49 pm

Hi all, we want to know ROA criteria to apply for newborn India. My husband has recently completed naturalization & is yet to apply for British passport. Our second daughter was born just couple of months ago in India . I have an ILR & our first daughter has british passport since she was born in UK.
We are planning to apply ROA for second daughter. The ROA application asks the question "was parent a british citizen at the time of birth ?"
- the registration for naturalization was done before the birth of my daughter
- however he has received naturalization certificate recently i.e., after the birth of my daughter
- he is yet to apply for British passport

Can we apply for ROA & is my husband considered british citizen since he made the registration for successful naturalization well before the birth of my daughter?

If not do we have to apply visa say ILE based our ILR? For that we should retain BRP card & cant apply for british passport.

Can anyone suggest whats the best & fastest way to get this sorted?

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

Re: ROA for newborn in India when parent has got naturalization post birth

Post by secret.simon » Fri Nov 09, 2018 10:59 pm

If the child was born outside the UK AND the date of birth of the child is before the date of the naturalisation certificate of the father, then the child is not a British citizen and is not eligible for an RoA.

Child will need to apply for a UK visa in line with the less-privileged parent (the mother). As the mother has ILR, the child can apply for ILE and would then need to register as a British citizen under Section 3(1).
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.

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