Right of Abode

[SandyGarg]

Hi All,

I have some queries related to Right of Abode for a baby born outside UK.

My husband is a naturalised citizen and I am currently on FLR visa. I am planning to get my baby delivered in India because of pregnancy complications.

a) My understanding is that the baby will be British by descent because the father is naturalised citizen. Please correct me if I am wrong.

b) There are 3 options as per my understanding for the new born baby. Please advise which one is the best option.
1. Apply for British Passport from India. It takes almost 8 – 10 months . I do not want to stay out of the country for that long. Can I apply for a visitor visa on the new born baby’s Indian Passport and then travel to UK and then apply for British Passport here in UK.

2. Get Indian passport from India and apply for COE of Right of Abode from India. Will the baby have the Right of Abode because the baby is already British by descent?

3. Can my husband apply for COE for the baby from UK since he will be in the UK ?

Please advise . Thanks in advance.

Regards,
M

[secret.simon]

Can I apply for a visitor visa on the new born baby’s Indian Passport and then travel to UK and then apply for British Passport here in UK.

No. British citizens cannot be issued a visit visa (or any visa) to enter the UK.

Get Indian passport from India and apply for COE of Right of Abode from India. Will the baby have the Right of Abode because the baby is already British by descent?

Yes.

Can my husband apply for COE for the baby from UK since he will be in the UK ?

No, because he will need to have the child's Indian passport with him. Besides, then he would have to send it to you in India. Faster to apply for it in India.

Be aware that as a British citizen by descent, your child will not be able to pass on their citizenship automatically to their own children, if they (your grandchildren are born outside the UK.

[SandyGarg]

Can I apply for a visitor visa on the new born baby’s Indian Passport and then travel to UK and then apply for British Passport here in UK.

No. British citizens cannot be issued a visit visa (or any visa) to enter the UK.

Thanks for your reply. It clarifies all my queries but just one, which is below.

I understand the child going to be British by descent, but since we will get baby's Indian passport first from india, then why can't I apply for visitor visa on his/her Indian passport?

[secret.simon]

I understand the child going to be British by descent, but since we will get baby's Indian passport first from india, then why can't I apply for visitor visa on his/her Indian passport?

The child will be born a British citizen. That is to say, that even without a British passport, s/he will be a British citizen. British citizens cannot be subject to a visa under the Immigration Act 1971.

Also, for a visit visa, you need to demonstrate that the applicant will leave the UK at the end of the visa period (six months). That is plainly not going to be the case.

[SandyGarg]

I understand the child going to be British by descent, but since we will get baby's Indian passport first from india, then why can't I apply for visitor visa on his/her Indian passport?

The child will be born a British citizen. That is to say, that even without a British passport, s/he will be a British citizen. British citizens cannot be subject to a visa under the Immigration Act 1971.

Also, for a visit visa, you need to demonstrate that the applicant will leave the UK at the end of the visa period (six months). That is plainly not going to be the case.

I thought once baby is in UK on visitor visa, we will apply for British passport as he/she will be British citizen by descent. Would that not work? or the baby must return out of UK within 6 months time as baby is on visitor visa?

[secret.simon]

I thought once baby is in UK on visitor visa, we will apply for British passport as he/she will be British citizen by descent.

A British citizen cannot be issued a visa, any visa. If the UK High Commission concludes that the child is a British citizen, they must decline the application.

A person who is a British citizen, or who has right of abode in the UK cannot be given leave to enter or remain under the Immigration Rules. This is because under section 1(1) of the Immigration Act 1971 a person with right of abode is not subject to immigration control.

If a person who has right of abode applies for a visit visa and you are satisfied that they have right of abode, you should advise them that their application cannot be considered, the application will lapse, and they may want to apply for a certificate of entitlement to the right of abode or a British passport instead. The application fee will not be refunded.

[SandyGarg]

I thought once baby is in UK on visitor visa, we will apply for British passport as he/she will be British citizen by descent.

A British citizen cannot be issued a visa, any visa. If the UK High Commission concludes that the child is a British citizen, they must decline the application.

A person who is a British citizen, or who has right of abode in the UK cannot be given leave to enter or remain under the Immigration Rules. This is because under section 1(1) of the Immigration Act 1971 a person with right of abode is not subject to immigration control.

If a person who has right of abode applies for a visit visa and you are satisfied that they have right of abode, you should advise them that their application cannot be considered, the application will lapse, and they may want to apply for a certificate of entitlement to the right of abode or a British passport instead. The application fee will not be refunded.

Oh ok, that's a great piece of information, thanks for clarification, I appreciate your efforts.

It means Right of Abode is the the quickest way for my would be child to enter into UK. Please advice how long the ROA application generally take to process from India?

[Babajee85]

Hi,

Do you also required the TB screening Test for CoE Application ?