Baby born in UK but movin to India - Applying UK Citizenship

[bij]

Hi,
I am currently on UK tier 1 and I will be getting my ILR in Dec 2016. My wife is currently on tier 1 dependent. We had a baby last month in UK and also received UK birth certificate. My plan is to move mother and baby to India for a year and bring them back after I get my ILR. I plan to apply for Indian citizenship for the baby asap. My question is since the baby is born in the UK will she automatically qualify for citizenship after I get my ILR. Will there be anything or any kind of delay that will be different because my child is in India and not in the UK at the time of applying for citizenship?
Any help would be greatly appreciated.
Many Thanks.

[secret.simon]

since the baby is born in the UK will she automatically qualify for citizenship after I get my ILR.

Yes. Be aware that when she is registered as a British citizen, your child will lose Indian citizenship and will need to return her Indian passport. Also, once she is registered as a British citizen, her visa will be invalidated (as a British citizen does not require a visa to come to the UK) and you will need to apply for a British passport for her.

Will there be anything or any kind of delay that will be different because my child is in India and not in the UK at the time of applying for citizenship?

There will be delays in the registration and in the application for a British passport. I am also not sure how long the registration will take and what the procedures for biometric enrollment overseas for a child is, but threads on these forums suggest that a British passport application overseas can take between six months and a year.

Remember that if your wife's visa runs out while she is in India, she will have to reapply for a "family of a settled person" visa, her ILR clock will reset to zero and she will need to spend five years from the grant of the new visa to apply for ILR.

[bij]

Thanks a lot secret.simon. This was really helpful. Your response highlighted my fear of ILR clock resetting to zero. My wife came in to UK on Sept 2013 and her visa is valid only till Feb 2018 (less than 5 years as my current tier 1 visa ends in feb 2018). I will get ILR in Dec 2016. If she is in UK will her clock not reset back to zero bafter I get my ILR? I was under the impression her clock will have to restart from the time I get my PR which was a big shock for me

[CR001]

If you get ILR based on 5 years residence Tier 1 G, your wife can continue to extend her PBS dependent visa till she qualifies for ILR.

The rule you are referring to of resetting is only relevant if she switches her visa to FLR(M), which she DOES NOT have to do.

[bij]

That is such a relief to hear. So she can continue to extend her tier 1 general dependent visa even after I get my PR? Please could you confirm? This was something that I wasn't aware of.
Thanks,
Bijo

[CR001]

So she can continue to extend her tier 1 general dependent visa even after I get my PR?

Yes, if you apply for ILR based on Tier 1 G and 5 years residence.

[bij]

Thanks CR your reply is gold. A very happy new year to everyone. Cheers.

[secret.simon]

So she can continue to extend her tier 1 general dependent visa even after I get my PR?

Yes, if you apply for ILR based on Tier 1 G and 5 years residence.

And provided she is in the UK to renew her T1G Dependent leave to remain. So, make sure that she is in the UK at the time of her visa renewal.

I would suggest either postponing the travel or doing the MN1 registration for the child after they are back. Remember that it is a statutory right, so not something that the government can revoke overnight.