British Citizenship for child born in India or ROA

[pnguruji]

Hi,

I became British citizen through naturalization in Oct 2013. My wife still holds indian passport with Indefinite leave to remain. Our daughter born last month (Feb 2014) in india and i am very confused on how to get passport/visa for my daughter. I am in UK now and my wife & daughter are still in India. I've gone through some guidelines and this is what i understood.

1. It seems the application form is changed now. Previously, it was C2 and now it is OS form. Can someone confirm if this is the right application form?
2. if i apply through OS form in India, Is it mandatory to send original passports of parents. I mean i am in UK and my wife is in India. If i send the original passport then the passport will be blocked for 16 weeks or more. I thought i can send the color photocopies of all the pages of my british passport attested by UK solicitor. It seems this option is gone now. Any other alternatives other than sending my original passport.
3. If i want to go through Right of Abode (ROA) and certificate of entitlement route, I need to apply first an indian passport for my child. How do i do that as i am british (and OCI) now and only my wife is indian. As part of supporting documentation, Is it mandatory to send my british passport to government of india or copy is sufficient? Do i need to attest it by UK solicitor? Do i need to get any sort of letter from British home office confirming that i've not taken british citizenship for my child as a proof so that my child get's indian passport.
4. What are the supporting documentation required for ROA if we are applying from India? Which application form i need to use? Do i need to send my british passport as part of supporting documentation to get ROA/certificate of entitlement sticker .
5. What is the processing time of ROA once we apply from India?

Can someone please share their experience as i am quite confused on how to proceed with my child's passport application.

Thanks
Guru

[pnguruji]

Hi,

I've decided to apply indian passport for my child (I am british through naturalization) and COE Right of Abode from India. Can someone advice how to get NOC from UKBA as the child is british and india doesn't support dual citizenship. Since my wife holds indian passport, we can apply indian passport for my child. But for the passport application to be successful, we need to somehow get No objection certificate from UKBA saying that we haven't applied british passport for the child. If anyone has done this, please advice.

Thanks
Guru

[vinny]

I think that child may obtain a Right of Abode sticker (2(1)(a)) on an Indian Passport (instead of a British passport), if baby is automatically British (2).

Indian authorities probably require proof that child has not become a British citizen by registration or naturalisation in the UK.

[praks_singh]

Hi Vinny,

About the NOC,the information on this page says: Use this form if you are living in the UK and you need proof that you have not gained British citizenship while you have been here.

Since the baby is born in India & remains in India and he would apply for CoE for ROA from within India, this NOC is not applicable. Isn't it?
Please suggest.

Kind Regards:
Praks

[rahulmane]

Hi,

I am also sailing in the same boat. I am holding British citizenship and my wife is on ILR. Our daughter is borned in India in Jan. I've applied for her British Passport in last week. I understood that if I cannot submit my Original British passport, I can submit the Complete Attested copy of British Passport as I need to travel frequently for my work purposes. Also I found in the guide notes as:

IDENTITY DOCUMENTS
Where possible, we need to see both parents’ original passports, particularly those held around
the time of the child’s birth. Passports can be returned in case of urgent travel on payment of an
additional courier charge of Rs 200. You will need to submit a new credit card mandate form in
order for us to charge this amount. Requests for return of passport need to be sent by email to
india.passportenquires@fco.gov.uk or by mail to the British High Commission in Delhi. If it is not
possible to submit the original of the parents’
passports, you can submit a colour photocopy of every page of the passport and the
copy must be attested on each page by a UK solicitor.

Is there anyone who has applied for their child's first British Passport in India recently and they have submitted the Attested/Notarized British Passport rather than the original?

Thanks

[pnguruji]

Thanks Vinny & Praks for the response. My immediate concern is first to apply indian passport for my child (born in India). We've consulted a travel agent there and his recommendation is to get a NOC from UKBA. Is form NQ is the right form to fill in for the child born in india? I need to submit this form here in UK, right and not in india to get NOC? I am not sure whether this is the right form to fill in as it says in the first page "If you are a foreign or Commonwealth resident in the United Kingdom, and require
confirmation for the authorities of your home country that you have not become a
British citizen, you should apply for confirmation using this form"

Praks - If form NQ is not the answer, Are you saying that I need to first apply COE in India without baby having any passport and then once I get COE then apply indian passport and then apply for ROA. Is certificate of entitlement is some sort of NOC then to apply indian passport? Please correct me if my understanding is wrong.

Can someone please advice on how to get NOC from UKBA to apply indian passport for a child (british national by birth) born in india? Refer original post in this thread for more information.

Rahulmane - I am not sure whether BHC in New delhi will accept attested copy of your british passport. I called passport helpline in UK and they clearly said that it is mandatory to send the original british passport. So i am trying to apply indian passport / ROA from india for my child.

[rahulmane]

Pnguruji---Thanks a lot for the info. I also called passport helpline in UK and they clearly said that it is mandatory to send the original british passport. So i am sending my original British Passport to apply from india for my child's british passport. I given a thought on ROA/COE option and gone through couple of threads on this forum and looklike it won't save much more time compare to getting british passport in india. Please let me know if you do have any other information (do's and don'ts) before I sent all the documentation to british high commission new delhi.

Thanks a lot again.

[pnguruji]

Hi Vinny - I've applied NQ form to get non-acquisition letter from UKBA. Hopefully i will get it soon and apply indian passport. Just one question. What are the time lines if i apply for COE to right of abode from india? I read somewhere that i can get ROA within 2 weeks. Is it right? If i get an appointment with the embassay and submit the application (along with original british passport), will i get back the original british passport with in 2 weeks?

Thanks
Guru

[praks_singh]

Hi pnguruji,
Sorry for my delayed response. I wasn't around for a couple of weeks.
To answer you question, for CoE for Right to abode, you will need a non-british passport on which CoE will be stamped.
So, you will need to first apply for Indian passport and then for CoE.

But, I don't understand why a NOC ss required to prove that the child hasn't acquired british citizenship. This NOC is required only if the applicant was living in the UK. But since child is born in the UK and remains there, this isn't applicable.

By the way, I wanted to understand where do I need to go and book the appointment for CoE and where physically do I need to go & apply (Delhi, Chennai)?

[praks_singh]

I think that child may obtain a Right of Abode sticker (2(1)(a)) on an Indian Passport (instead of a British passport), if baby is automatically British (2).

Indian authorities probably require proof that child has not become a British citizen by registration or naturalisation in the UK.

Hi Vinny,

Is NOC required for an infant born in India when we are applying for baby's Indian passport?
The NQ form is for someone who is in the UK and need to confirm he/she hasn't acquired british citizenship.

Please clarify.

[sanjay45]

Hello Praks,
I tried everywhere on the forum to seek help on ROA.
* son born in INDIA, Indian passport in a week

When applying for ROA online, what do I write under Nationality for him (British or Indian)
And again they ask 'Any other Nationality' - what do I write here.

Country of Residence - India or UK?

Permanent residential address - India or UK address?

Income & Expenditure - Shall we leave it as not applicable or shall I fill my finances.

Finally for ROA can I send a photocopy of passport?

I would be really grateful if anyone can urgently help me with these questions.

Sanjay

[praks_singh]

Hello Praks,
I tried everywhere on the forum to seek help on ROA.
* son born in INDIA, Indian passport in a week

When applying for ROA online, what do I write under Nationality for him (British or Indian)
And again they ask 'Any other Nationality' - what do I write here.

Country of Residence - India or UK?

Permanent residential address - India or UK address?

Income & Expenditure - Shall we leave it as not applicable or shall I fill my finances.

Finally for ROA can I send a photocopy of passport?

I would be really grateful if anyone can urgently help me with these questions.

Sanjay

Dear Sanjay,

Did you already get the passport for your baby through Tatkaal scheme. Did it require an NOC? Please let me know.
I have been through online ROA form and following are my take on these fields. Although, I am open to suggestions and people experience. I am yet to apply for ROA.

When applying for ROA online, what do I write under Nationality for him (British or Indian): IT should be BRITISH. Because that's why you are applying for ROA. Non-British are not allowed ROA.

And again they ask 'Any other Nationality' - what do I write here. -- I assume your baby has Indian passport. YOu can leave this field blank.

Country of Residence - India or UK? -- Since you have permanent resident in UK as you are a UK citizen, it should be UK.

Permanent residential address - India or UK address?-- This should be UK.

Income & Expenditure - Shall we leave it as not applicable or shall I fill my finances. -- I am little confused about this section. I think we can just fill our income.

Finally for ROA can I send a photocopy of passport? -- Yes. Self-attested passport, but with Original naturalization certificate.

Hope this helps. Please let me know if you needed any NOC for your baby's indian passport.

Kind Regards:
Praks

[sanjay45]

Hello Praks,

Yes you will need a Sworn Affidavit from Indian Embassy.
It is basically saying that you the father has no issue with you not being in India and wife applying for Indian passport.

You will get the sworn affidavit form at the embassy.

Please remember to take your Original passport and copy of the photo page plus proof of address (any bill or bank statement in your name).

Strangely in India the official said that the Sworn affidavit was fake as it it did not have the name of the personwho signed it. My father just stood his guard and said they should cross check if they doubt as it is the Indian embassy which gave the affidavit. It was all fine. Getting passport by next Tuesday.

My question for you is. 1. Are you 100% sure that I have to put Nationality as British

2. Where it says Any other Nationality, I write 'Indian?
3. Are you again 100% sure to write permanent address as UK and not India
4. Do I send tenancy agreement?

thanks

Sanjay

[praks_singh]

Hi Sanjay,

Thanks for your response. Yes, I will get the sworn affidavit from Indian high commission in London.

About your question,
1) For Nationality in section 1.9, it should be "Indian" because the guide says it should correspond to the country that granted you the passport. Link to the guide: https://www.gov.uk/government/uploads/s ... -Notes.pdf
2) The address in section 3.1 should be Indian address in my opinion. Again, going with what the guide says.
3) Other nationalities should be none.
4) For your address proof, any bank statement, tennacy agreement or utility bills with your full name should suffice.

Again, these are my assumptions based upon the guidance for VAF form. If we get someone who has actually got CoE for ROA in India - they could provide exact answers based on their experience.

Kind Regards:
Praks