British passport for child born in UK to ILR parents

[SajidI]

Hi All,
My daughter (age: 1.5 years) was born in the UK DOB: October-2015

Her parents (I and my wife) had Indefinite Leave to Remain at the time of her birth.

She was eligible for British passport but we took an Indian passport for her.

Due to a family incident in August-2016, we had to fly to India.

I am in UK and want to bring my family back to UK.

Processing time if UK passport applied from India is minimum 4 months with no max limit, so, I want to avoid this route.

Can I apply for a British passport for my daughter from UK and send it to her so that she can come to UK?
OR
Can I bring her to UK through some VISA and apply British passport in UK
OR
Any other option e.g. Emergency Travel document etc.

Please let me know if anyone has got any suggestions or advice

Thanks,
Sajid

[vinny]

Child is automatically British. A British citizen may apply for either a British passport or a CoE-RoA.

[SajidI]

Hi Vinny, many thanks for replying.
1. Can I apply her British passport in UK and send the passport to her in India by post? So that she can travel to UK.
2. We the parents still hold ILR and Indian passport - can we still go for CoE-RoA?

Thanks

[paboluuk]

Hi SajidI,

It's unfortunate that you're not eligible to apply British Citizen to your daughter in UK while she is in India. All you can do is apply BC from Indian. This might take minimum of 6 months. If she enters UK with visa, she's not eligible for BC but for ILR.

Many Thanks

[SajidI]

Hi SajidI,

It's unfortunate that you're not eligible to apply British Citizen to your daughter in UK while she is in India. All you can do is apply BC from Indian. This might take minimum of 6 months. If she enters UK with visa, she's not eligible for BC but for ILR.

Many Thanks

Hi Paboluuk,
Thanks for your inputs.
I heard from a solicitor that another option is bring my daughter to UK with a ‘family of a settled person’ visa i.e. https://www.gov.uk/join-family-in-uk/overview and then apply for her passport on her arrival in UK itself based on https://www.gov.uk/passport-application ... isiting-uk.

https://www.gov.uk/join-family-in-uk/overview also suggests the same as it says in the section Extend your stay 'You may be able to apply to extend your visa or settle in the UK permanently'.

Do you think it sounds valid to you?

Kind regards

[vinny]

Hi SajidI,

It's unfortunate that you're not eligible to apply British Citizen to your daughter in UK while she is in India. All you can do is apply BC from Indian. This might take minimum of 6 months. If she enters UK with visa, she's not eligible for BC but for ILR.

Many Thanks

No. Child is already a British citizen.

[vinny]

I heard from a solicitor that another option is bring my daughter to UK with a ‘family of a settled person’ visa i.e. https://www.gov.uk/join-family-in-uk/overview and then apply for her passport on her arrival in UK itself based on https://www.gov.uk/passport-application ... isiting-uk.

https://www.gov.uk/join-family-in-uk/overview also suggests the same as it says in the section Extend your stay 'You may be able to apply to extend your visa or settle in the UK permanently'.

Do you think it sounds valid to you?

Kind regards

No. A British citizen cannot be subject to grants of leave.

[SajidI]

Hi SajidI,

It's unfortunate that you're not eligible to apply British Citizen to your daughter in UK while she is in India. All you can do is apply BC from Indian. This might take minimum of 6 months. If she enters UK with visa, she's not eligible for BC but for ILR.

Many Thanks

No. Child is already a British citizen.

Hi Vinny,
Thanks again for your valuable inputs. Below are my understanding and conclusion based on all the suggestions:

MY UNDERSTANDING:
1. My daughter is eligible for 'Right To Abode - Certificate of Entitlement' as she was born in UK and her parents at that time had ILR in UK.
2. She has now the below two options to enter UK again:
First - apply for British passport from India and wait for 4-7 months to get it.
Second: Apply for CoE-RoA and get it in few weeks.

MY CONCLUSION:
1. I'll apply apply CoE-RoA for her from India.
2. Once she gets the CoE-RoA sticker on her Indian passport, book flight tickets for her to come to UK.
3. She arrives to UK with her mother with CoE-RoA on her Indian passport.
4. We apply for her first child passport straightaway through fast track service.

Kindly suggest if the above sounds correct so that I could start making for her CoE-RoA application.

Thanks in advance.
Sajid

[paboluuk]

I heard from a solicitor that another option is bring my daughter to UK with a ‘family of a settled person’ visa i.e. https://www.gov.uk/join-family-in-uk/overview and then apply for her passport on her arrival in UK itself based on https://www.gov.uk/passport-application ... isiting-uk.

https://www.gov.uk/join-family-in-uk/overview also suggests the same as it says in the section Extend your stay 'You may be able to apply to extend your visa or settle in the UK permanently'.

Do you think it sounds valid to you?

Kind regards

No. A British citizen cannot be subject to grants of leave.

Hi vinny,
Just to clarify, Does the child with Indian passport living in UK allowed to get BC when one of the parent is on ILR Visa ? How can we apply this process on fast track ? How long this will take ? Could some one through some light on this please.

Many Thanks

[Moon_Khan]

Hi
Apply for right abode only visa I did the same for my daughter from Pakistan,
But keep in mind India only allowed one citizenship while we Pakistan allowed for dual.

May be some one help further on this regard.

Many thanks

[SajidI]

Thank you Vinny, paboluuk, Moon_Khan!!
I applied ROA for my daughter from New Delhi India and got the COA in 2.5 weeks time.