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Right of Abode for baby born in India.

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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AnuGirish
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Posts: 6
Joined: Mon Jun 05, 2017 11:32 am

Right of Abode for baby born in India.

Post by AnuGirish » Mon Aug 28, 2017 1:10 pm

Hi All,
I have few questions regarding my new born baby’s visa situation. Please help clarify these.
I’m a British citizen (acquired through Tier 1 General visa; originally from India). My wife is on Tier 1 dependent visa and her ILR is due in May 2019. We recently had a baby and our little one is born in India. Now my questions are –
1. Me being British citizen and my wife being Indian citizen – should we apply for Tier 1 dependent visa OR Right of Abode (RoA) for our baby to come to the UK?
2. If we have to apply for Right of Abode for our baby from India then how long will it take to get the RoA?
3. Before applying for RoA should the baby have Indian passport? Or can we apply for these two simultaneously?
4. To apply for RoA for our baby – is it necessary to have both the parents present with baby in India while filing the application?
5. Once RoA is issued to our baby – what will be the validity duration of this?
6. After our baby lands in UK on RoA – can we apply for our baby’s British passport or should we have to wait until my wife gets her British citizenship?

Your help is much appreciated. Please try to reply as early as possible because we have very limited time to act.

Thanks,
Girish.

secret.simon
Moderator
Posts: 11202
Joined: Thu Feb 21, 2013 9:29 pm

Re: Right of Abode for baby born in India.

Post by secret.simon » Mon Aug 28, 2017 2:53 pm

AnuGirish wrote:
Mon Aug 28, 2017 1:10 pm
1. Me being British citizen and my wife being Indian citizen – should we apply for Tier 1 dependent visa OR Right of Abode (RoA) for our baby to come to the UK?
CoE-RoA
AnuGirish wrote:
Mon Aug 28, 2017 1:10 pm
3. Before applying for RoA should the baby have Indian passport?
CoE-RoA requires a non-British passport as it is stamped into the non-British passport.
AnuGirish wrote:
Mon Aug 28, 2017 1:10 pm
5. Once RoA is issued to our baby – what will be the validity duration of this?
Valid for the life of the non-British passport.
AnuGirish wrote:
Mon Aug 28, 2017 1:10 pm
6. After our baby lands in UK on RoA – can we apply for our baby’s British passport or should we have to wait until my wife gets her British citizenship?
Child is born British by descent. Apply for passport directly.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

AnuGirish
Newly Registered
Posts: 6
Joined: Mon Jun 05, 2017 11:32 am

Re: Right of Abode for baby born in India.

Post by AnuGirish » Fri Oct 06, 2017 11:09 am

Thank you very much for your precise reply.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Right of Abode for baby born in India.

Post by JAJ » Sun Oct 08, 2017 11:52 pm

It would be recommended to first obtain a British consular birth certificate.
https://www.gov.uk/register-a-birth
This is not intended to be legal or professional advice in any jurisdiction.

AnuGirish
Newly Registered
Posts: 6
Joined: Mon Jun 05, 2017 11:32 am

Re: Right of Abode for baby born in India.

Post by AnuGirish » Mon Oct 09, 2017 6:06 pm

Thanks for the info JAJ. I wasn't aware of this.

Jinglebells
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Posts: 6
Joined: Thu Dec 28, 2017 12:31 pm
India

Re: Right of Abode for baby born in India.

Post by Jinglebells » Thu Dec 28, 2017 12:43 pm

Hi Vinny, Simon other senior moderators, hope one of you can help me,

Reading through various threads I am confused on which application form should I be using if I am applying from India for my childs ROA as this is what I can see on gov.uk https://www.gov.uk/government/publicati ... t-of-abode
however Vinny in one of the threads had posted link for below.
https://www.visa4uk.fco.gov.uk/account/ ... 294f3aede9

can anyone please suggest.

Regards
JB

vinny
Moderator
Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right of Abode for baby born in India.

Post by vinny » Thu Dec 28, 2017 12:49 pm

Jinglebells wrote:
Thu Dec 28, 2017 12:43 pm
I can see on gov.uk https://www.gov.uk/government/publicati ... t-of-abode
Guide ROA: guide to the right of abode in the United Kingdom and applying for a certificate of entitlement wrote:You should complete this form only if you are applying within the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jinglebells
Newly Registered
Posts: 6
Joined: Thu Dec 28, 2017 12:31 pm
India

Re: Right of Abode for baby born in India.

Post by Jinglebells » Thu Dec 28, 2017 3:05 pm

Thanks Vinny,
its more clear now.

although 3 more questions on this form, can you please help me.
1 - Are you travelling with anyone - should I add my name too ? ( I intend to go back to India to get my kid and wife back to UK)
2.How long do you intend to stay in the UK? (What do I state here).
3.What is your permanent residential address and contact details? (India or UK ?)

Thanks
JB

Annan
Newly Registered
Posts: 3
Joined: Tue Mar 13, 2018 5:00 pm
United Kingdom

Re: Right of Abode for baby born in India.

Post by Annan » Tue Mar 13, 2018 5:44 pm

Hey ya,

which one did you go? British passport or Right of Abode ? how long did it take for you for the process?

would be great if you could reply,.

Thanks

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