British Passport vs Indian passport for a new born baby

[vishus06]

Hi,

I am in UK from past 5 years and just now I got my ILR. My baby was born in UK but having Indian citizenship.

Now I am confused, should I go for UK Passport or should I go for ILR stamp for my Kid? so that he can decide later (at the age of 18) whether he would like to go for India or UK Citizenship.

According to me,
Benefits of having Indian citizenship and UK ILR are:
He can decide his own future at the age of 18
Tax benefits in UK (inheritance tax - such as on inherited property from Parents etc)


Benefits of having UK Citizenship and Indian OCI are:
Red colour passport (no need to take visa for Europe and many other countries)

Could you please suggest me some other pros and cons (or your valuable views) on this topic?

Thanks very much in advance

Vishu

[vishus06]

Hey Guys,

Please share your views.

Thanks !!

[Greenie]

Was your child born before or after you got ilr?

[vishus06]

Hi Greenie,

He born before I got the ILR.

Thanks !!

[CR001]

Then your child is not a British Citizen. Does the child have a current valid visa?

You register him as British on MN1 or apply ILR, the choice would is yours. Not sure of the impact on this once he turns 18 though but would think he could still apply as he would have ILR and the required residence anyway for form AN as an adult later on.

[vishus06]

Yes, he is an Indian Citizen and doesn't have valid UK visa at the moment.

Can I still go got MN1 application form or do i need to apply for ILR first then AN application?

Regards !!

[CR001]

AN application

This is for adult applications.

You can register the child on MN1 under section 1(3) as he was born in the UK.

[secret.simon]

In this specific situation, I recommend that the OP do the following in the sequence below

a) Get an Indian passport for his child
b) Get the child registered as British under Section 1(3) with Form MN.
c) Apply for a Certificate of Entitlement for Right of Abode (CoE-RoA) to be stamped in the Indian passport.

Indian law allows for dual citizenship of minors. They however lose their Indian citizenship if they have exercised their other citizenships by for example, applying for foreign passports. However, it seems to be fine with a CoE-RoA in an Indian passport as it does not indicate citizenship, only the right to stay in the UK.

That way, the child will be fully British and Indian simultaneously till the age of 18 when s/he must decide which citizenship s/he wants to continue.

The downside of the ILR approach is that once the child is 18 or over, s/he can not be registered (to which s/he has an entitlement as a minor), but must go through the whole naturalisation process. And given the amount of flux in that process, we do not know what that will look like 18 years from now.

[Jambo]

In this specific situation, I recommend that the OP do the following in the sequence below

a) Get an Indian passport for his child
b) Get the child registered as British under Section 1(3) with Form MN.
c) Apply for a Certificate of Entitlement for Right of Abode (CoE-RoA) to be stamped in the Indian passport.

Indian law allows for dual citizenship of minors. They however lose their Indian citizenship if they have exercised their other citizenships by for example, applying for foreign passports. However, it seems to be fine with a CoE-RoA in an Indian passport as it does not indicate citizenship, only the right to stay in the UK.

That way, the child will be fully British and Indian simultaneously till the age of 18 when s/he must decide which citizenship s/he wants to continue.

The downside of the ILR approach is that once the child is 18 or over, s/he can not be registered (to which s/he has an entitlement as a minor), but must go through the whole naturalisation process. And given the amount of flux in that process, we do not know what that will look like 18 years from now.

I don't think your advice is correct. Once the child is granted BC following registration application, the child loses Indian citizenship.

This is different to a child who is dual national from Birth (for example born in the UK to Indian parents holding ILR) in which case, he can keep both nationalities if he doesn't exercise the British citizenship by applying for a passport.

[vishus06]

Hi Jambo,

So, what should be the correct process in this case?

Thanks !!

[Jambo]

Your child is Indian and should need a valid visa if he travels abroad (and wants to return to the UK). Your child can apply to become British and lose his Indian citizenship.

It is your decision what to do.