MN1 or RoA

[sshanmug]

Hello All,

My son is in UK on Indian passport with ILR for last 4 years.

I dont want to give up his Indian passport as India doesn't allow dual citizenship.

Is there any option to switch from ILR to Right of Abode(RoA).

Kindly advise.

Thanks and Regards,
Senthil

[CR001]

Your child is not british so doesn't qualify for RoA like you daughter born after you became British did.

Your son will have to be registered as British.

[sshanmug]

Thanks .. for the quick response. If I register him as British, Can I opt for RoA rather than UK passport?

Kindly clarify.

Regards,
Senthil

[CR001]

He will still lose his Indian citizenship as registration is a voluntary act.

Any reason you don't want to leave him on ILR if you don't want to give up his Indian citizenship??

[venomby]

A child (below 18) is allowed Dual Nationality in India. He can hold both passports and can renounce one on attaining 18 yrs of age. Let him decide.
Besides Right of abode is a derivative right it is for those under 18 who have residency due to parents nationality. ILR is the right to remain indefinitely. I don't think RoA is applicable in his case.

[CR001]

A child (below 18) is allowed Dual Nationality in India. He can hold both passports and can renounce one on attaining 18 yrs of age. Let him decide.

If born with both nationalities. OPs child with ILR was not born with both. The second child was.

Registration on mn1 is a voluntary act.

[CR001]

See secret.simons links and explanation to Indian citizenship law in link below.

other-countries/frro-confirmation-that- ... l#p1612127

[secret.simon]

A child (below 18) is allowed Dual Nationality in India. He can hold both passports and can renounce one on attaining 18 yrs of age. Let him decide.

Children with Indian and foreign citizenship.

Is there any option to switch from ILR to Right of Abode(RoA).

You have two options
a) Register the child as British and automatically lose his Indian citizenship. You cannot go in for CoE-RoA because he will lose his right to his Indian citizenship. Be aware that the UK and Indian Home Ministries work closely on matters like these.
b) Remain on ILR. ILR can be lost by staying abroad for more than two years (and short visits do not count for the purpose of retaining ILR; the child must be resident in the UK).He also cannot pass on his ILR to any child born abroad, who would have the same UK immigration status as that of the less-privileged parent.

[sshanmug]

Thanks for all your response.

I think I will leave my son in ILR. The reason is I have plans to move back to India and I am concerned that UK passport might impact his higher education in India as he will be treated as foreign national.

I don't see any value in holding UK passport if he is going to continue his education in India

Correct me if I am wrong.

Thanks and Regards,
Senthil

[CR001]

It is a decision only you can make but remember that if he turns 18 while living abroad, he will have to start the whole process from scratch if he wishes to live in the UK again.

ILR is not 'indefinite' if you do not live in the UK. It is lost after 2 years absence.

[sshanmug]

Thanks .. I agree ..

I just want to see if i can switch from ILR to RoA.

I see RoA is slightly better than ILR, if he decides to come to UK in future.

I saw the following in the RoA eligibility guide

https://assets.publishing.service.gov.u ... .08.17.pdf

[i]A person who has successfully applied for registration or naturalisation as a British citizen
will have become such a citizen on the date of registration or on the date of issue of the
certificate of naturalisation. [/i]

So I this case, can I apply for RoA for my son?

Sorry for too many questions.

I am just trying to analyze the various options.

Thanks and Regards,
Senthil

[CR001]

You still have to register him as British on form MN1, which is a voluntary act and he will lose his Indian citizenship as secret.simon explained above.

[sshanmug]

Thanks a lot .. This makes things lot clear.

On similar lines, My daughter is on RoA, can she come back to UK anytime with that or only till 18?

Kindly let me know.

Regards,
Senthil

[CR001]

Your daughter is British by descent so entitled to RoA. Bear in mind that when she turns 18 she might have to choose which citizenship she wishes to keep.

[vinny]

Your daughter is automatically British. Her CoE-RoA is only evidence of this. British citizenship doesn't cease when a child is 18.

[CR001]

Your daughter is automatically British. Her CoE-RoA is only evidence of this. British citizenship doesn't cease when a child is 18.

But would Indian citizenship cease?? I have read some of the Indian citizenship act and this seems to suggest that a choice will need to be made which citizenship the 18 year wishes to retain on becoming a major if holding both Indian and other.

[vinny]

As India doesn't normally allow dual citizenship, registration or naturalisation may result in the loss of Indian citizenship, as secret.simon explained.