Nationality of baby born in the UK to non-ILR parents

[savvych]

Hi,
My daughter was born in the UK on the 8th march 2017. At the time of her birth we were still on Tier 2 visa. My husband is now on ILR and would like to apply for 'British Citizenship by Registration' for our daughter.
I would like to know what is the nationality of my daughter. Is she Indian or stateless?

She doesn't have an Indian passport or hasn't been to India.

Thanks

[secret.simon]

Was she registered with the Indian High Commission? What are the nationalities of both parents?

[savvych]

No.. we haven't registered with the Indian high commission? Is it a requirement?
So far we have registered her birth in our local county council.
We are both from India and been on Tier 2 General and my husband has ILR now (after the birth of our daughter). I haven't qualified for ILR yet as I was on my Post study work visa for a bit even after getting married.

Thanks

[secret.simon]

Child is stateless and is entitled to be registered as a British citizen under Section 1(3).

[savvych]

Thanks. Does it mean I have to apply using s3 form?
Can you also explain why should I register with Indian high commission? I was under the assumption that my daughter is an Indian citizen for now as she is born to Indian parents.

Thanks

[Obie]

Child is stateless and is entitled to be registered as a British citizen under Section 1(3).

The entitlement under section 1(3) is not on statelessness basis , it must be emphasized, as i am sure you will know.

[JAJ]

Thanks. Does it mean I have to apply using s3 form?

Use form MN1.

Can you also explain why should I register with Indian high commission? I was under the assumption that my daughter is an Indian citizen for now as she is born to Indian parents.

Child is not an Indian citizen unless and until registered as such. However- India doesn't generally allow dual citizenship and as far as I understand, the child would lose Indian citizenship upon becoming British.

There is no need for the child to become an Indian citizen in order to become British under section 1(3) of the Act.

You may want to consider the pros and cons of Overseas Citizenship of India for your child- and yourselves in due course, if you also decide to become British.