Pregnant wife- delivery abroad or in UK

[gre.bm691]

Dear all
I am a British citizen and my wife is Indian (on Spouse visa expiring in Jan). We are currently expecting our first child and are in the process of making a decision whether to have the kid out here or in India.

If we do decide to have the child in india, could someone please help me with the following queries:
1. My wife has been here for 1.5 yrs. Having kid in India would mean having to extend the visa from India. Will this be straight forward?
2. This would also mean that she will be away for almost a year. Will this break her continuous residency towards PR?
3. How long does it take to process the British passport for the kid from India?

Thanks for reading.

[Casa]

She won't be able to extend her visa from India. A year's absence would also mean that she won't have completed the required period to qualify for ILR.
I'll let someone else advise on the processing time for a child's passport application in India.

[gre.bm691]

Thanks for a quick reply Casa.

So you are saying we basically dont have the option of having the child outside the country
Does seem strange that one cant apply for an extension from outside the country. Surely people have encountered situations where they found themselves outside the country at the time of visa expiration?

[gre.bm691]

Ok, there was a mistake on my part.

I have double checked and found out that the Visa for my wife expires only in Sep 2016. So she will be able to come back and could apply from within the country. This raises a new question::
Will it be a problem for extension if my wife stays out of country for long period. Is maternity a ground of consideration? Considering that the baby cant travel for at least three months, we are looking at almost a year!

[PariJ]

this thread will be useful.
http://www.immigrationboards.com/immigr ... 81533.html.

[secret.simon]

My tuppenceworth;

While your child will be British even if born abroad, keep in mind that s/he will not be able to pass on British citizenship if their child is born abroad. So, if your grandchildren are born abroad, they will not be British (at least through your child).

If the child is born in India to a British parent and an Indian parent, the child will be born of dual nationality (British and Indian). It will however lose Indian citizenship if you apply for a British passport for it. You may want to have a look at the thread on RoA in Indian passport for more information.

When you mention that your wife is on a spouse visa, do you mean a PBS Dependant or "Family of settled person" visa? The rules for setllement can change if you need to switch from one to the other.

To the best of my knowledge, maternity is not a ground of consideration. There are facilities for your spouse to give birth in the UK and giving birth in her home country is just a personal choice, not a necessity. Also, giving birth can not be considered a surprise (that it just happened while she was in India) as you typically get a few months' notice of the happy event

[gre.bm691]

Thanks secret.Simon for your advise.

As stated before, I am currently in India and we have more or less decided to have the child in India. I am a little confused about the right to abode option. Would that be a possibility if I apply for Indian passport rather than British?

Also, the website says it takes at least 16 weeks. Anyone who has got this done recently who could give a realistic time frame? Also the list of documents submitted would be of great help. Obviously, I wouldn't be able to provide my passport as I will be in UK at the time of application.

Sorry, too many questions. I hope you understand my anxiety.

[secret.simon]

You can get a Certificate of Entitlement-Right of Abode in an Indian passport only. You can not get a CoE-RoA in a British passport.

Whether you get a CoE-RoA or a British passport, you will need to submit your British passport to prove your citizenship. I do not know if a naturalisation certificate (original, not copy) is acceptable.

Be aware that the whole process (either Indian passport+CoE-RoA or British passport) can take six months to a year and that your wife would need to make the necessary arrangements at her place of work.

http://www.immigrationboards.com/britis ... 71764.html

http://www.immigrationboards.com/britis ... 19338.html

[gre.bm691]

I really appreciate your help on this.

The links were very useful and if there is one thing I have learnt, it's that it's pretty long and painstaking journey to attain the British passport directly.

The option of right to aboard is interesting. It looks less time consuming, though I don't know much about it. Could you shed some light on it- as in how is this route different from applying directly for British citizen. Can I apply for the child's Indian passport and then get the right to abode for the travel into uk? Once in UK, I assume I can apply for the British passport without a problem?

Regarding the submission of UK passport, on the link that you have posted, I have understood that if I am present at the time of application, the passport will be returned back to me immediately once the VFS confirms true likeness with accompanied photo copy.

[secret.simon]

A Certificate-Of Entitlement-Right of Abode (CoE-RoA) in an Indian passport is the only way that the child can retain both British and Indian citizenship till the age of eighteen. That is what it is commonly used for, by parents who want their child to be a dual British/Indian citizen till the age of eighteen and who want the child to decide what citizenship it wants to keep.

The Indian citizenship will be lost when either you or the child themselves applies for a British passport for the child or when the child reaches eighteen and does not renounce British citizenship.

Can I apply for the child's Indian passport and then get the right to abode for the travel into uk?

Yes. That is the only way to do it. You may need to also get an exit visa/permit when the child is leaving the UK (I'm not sure of that).

Once in UK, I assume I can apply for the British passport without a problem?

Yes, at which point the child will lose their Indian citizenship.

[gre.bm691]

Hi Guys

I am approaching the deadline to make this decision now.

I went to see a reputed solicitor regarding the option of RoA. Like most of the solicitors I have spoken to, he doesnt have a lot of knowledge about it.

But, to my surprise, he recommended that I apply for the British passport for the child (while the child is in India) from within the UK! He insisted that he got that done for a client recently and it is straight forward, taking about 3-4weeks.

Any advice on this experts? Is this actually possible?

[Obie]

Hi Guys

I am approaching the deadline to make this decision now.

I went to see a reputed solicitor regarding the option of RoA. Like most of the solicitors I have spoken to, he doesnt have a lot of knowledge about it.

But, to my surprise, he recommended that I apply for the British passport for the child (while the child is in India) from within the UK! He insisted that he got that done for a client recently and it is straight forward, taking about 3-4weeks.

Any advice on this experts? Is this actually possible?

I am surprised you are able to confer on him the title of reputable solicitor , when he does not even know what is right of Abode. Very strange.

If you want him to have an Indian passport he will need to apply for ROA

Otherwise he will lose Indian citizenship if you voluntarily apply for British passport.

[gre.bm691]

Thanks for the reply.

I could list of at least 5 tip solicitors rated as level 3 by home office who weren't able to shed any light on the RoA. One of them charges 150 per 30mins. I guess because they don't make a lot of money on this, they don't bother.

I do not wish for the child to have an Indian passport. The only reason I am considering RoA option is because of its timeline.

What about the option of getting all the docs back from India and applying for the British passport from here? Can't seem to find anything in the British passport application or the guideline NOT allowing this.

[Obie]

The RoA may be quicker, but child may be able to apply for a passport within or outside the UK under Section 2 (1).

[gre.bm691]

Cheers for the reply.

Do you know of anyone (parent) applying for passport from within the UK for the child in spite of child being born and staying abroad at the time of application?

[Obie]

It is a very common but slightly lengthy process.

[gre.bm691]

As mentioned, I did see a solicitor regarding the options and he insisted that it took him around 4 weeks to get the passport for a child in the same situation.

Can you let me know what do you mean by lengthy?