Child Born in India, UK Citizenship

[sandeepkintali]

Dear Admins,

My wife is planning to go to India for her delivery. My understanding is that there are two ways of getting the British Citizenship for the baby.

Option 1: Apply directly for British passport in India on the basis that both parents are British Citizens
Option 2: Get Indian passport and return to UK on Visa. Surrender Indian passport and apply for British Citizenship in UK

I have heard from different sources that currently due to Covid, it is more than 12 months to get British Passport in India. Therefore, option 1 is not suitable for us as she needs to return back to UK before 12 months.

Can you please let me know if there are any disadvantages associated with Option 2? i.e. is it difficult to surrender the Indian passport in UK and get British Citizenship, does it have any impact for the baby in the future. Or any other point that we should keep in mind if we go for option 2.

Thanks in Advance
Sandeep

[CR001]

If both parents are British, the child cannot apply for an Indian passport.

Your only option is a British passport or have the baby born in the UK and then travel after you have the British passport and relevant visa or Oci for the child

[secret.simon]

@CR001 is correct.

Indian law requires that for a child to be born an Indian citizen in India (which is needed to hold an Indian passport), at least one parent must be an Indian citizen at the time of the child's birth in India.

By acquiring British citizenship, both parents have lost Indian citizenship automatically (by operation of Indian law) and hence the conditions for the child to have Indian citizenship (needed to apply for an Indian passport) are not met.

Also, in any case, if the child is born to a British citizen by naturalisation abroad, the child is born a British citizen and can't be issued a visa to enter the UK. You would need to apply for a CoE-RoA, not a visa.

[sandeepkintali]

Thanks Both.

Do you have any idea how much time it would take to get the British Passport and exit visa for the baby in India?

[CR001]

A British passport can take anywhere between 15 weeks and a year.

[sandeepkintali]

Thanks.

Can we bring back the baby with just the CoE/RoA and apply for the British passport once the baby is in UK? How much time does it take to get the CoE/RoA?

[sandeepkintali]

Thanks.

Can we bring back the baby with just the CoE/RoA and apply for the British passport once the baby is in UK? How much time does it take to get the CoE/RoA?

[CR001]

No, you can't because to apply for Coa, the child's needs a foreign passport, which you cant apply for.

Deliver the baby in the UK is the simplest and quickest solution, especially during a pandemic. Do you really want to risk your wife and baby getting sick in a hospital abroad?

Once child is born, get a British passport and necessary visa and then travel to India.

[sandeepkintali]

Thanks for the guidance

[raaji]

Absolutely correct.

I was struggling to bring my baby born in sri Lanka.

went for a holiday last year march 2020.

end of April wife was pregnant and due to covid doctors suggest no to travel

I comeback June and baby born December 2020.

me -British wife - ILR

Applied to settlement visa for new born on march 2021 and 5 months no decision yet.

no priority service available for this visa

better don't travel