Can we apply for British citizenship from outside UK based on birth place in UK

[raviskar]

Hi,

We lived in UK for 10 years, went to India for couple of years returned to UK using Returning resident visa. We have ILR status now.

We have 2 children, both born in UK. Elder child born before we got our ILR and younger child born after we got our ILR.

We are planning to return back to India due to family commitments. We are considering applying for British citizenship for our children but are confused whether to keep Indian citizenship or apply for British citizenship (given we are moving back to India and kids will continue education in India and the rules/fees for OCI students in Indian universities)

1) For the younger child, we have got Certificate of Entitlement - Right of Abode when we came back to UK. If we continue with the Certificate of Entitlement - Right to Abode, can we apply for British Citizenship if required later when he becomes an adult? Does he need to keep renewing his certificate of entitlement from outside UK?

2) For the elder child,

- She lived in UK for her first 8.5 years since birth and another 1.5 years from age 11 - 13. Can she apply for British passport later from India based on the fact that she was born in UK and lived for more than 10 years in UK
- Can she apply for British citizenship later from India (after age of 18) based on the fact that she had ILR in UK before moving back to India?
- Is there any other method she can apply for British citizenship from India after age of 18?

Many thanks for your help.

[vinny]

The younger child is automatically British. So, CoE-RoA granted. However, they should void any applications for leave or British citizenship.

The elder child is entitled to register under Section 1(3) while she is a minor under 18 and probably when her parents’ ILR has not lapsed after an absence of two years.

Unfortunately, her absences during her first ten years may prevent her from registering under Section 1(4). So, if she’s 18 or over, then there appears to be no registration path.

[raviskar]

Hi Vinny,

Many thanks for your answers.

The younger child is automatically British. So, CoE-RoA granted.


- We have already got CoE-RoA. Is it valid for lifetime even when we move out of UK and even when the child become an adult outside UK? Can it be converted to British Citizenship if required after they becoming an adult?

[secret.simon]

For people born after 1983, only British citizens can have a CoE-RoA. So the fact that the child has a CoE-RoA means that the child is a British citizen.

If they need to apply for a British passport at any time in the future, all they need to do is provide their British birth certificate and proof that at least one parent had ILR at the time of their birth (so, either that parent's passport with the ILR vignette or that parent's ILR BRP, as the case may be).

[vinny]

The CoE-RoA is valid during the validity period of the passport. However, British citizenship is normally valid for life, unless renounced or deprived, etc.

[raviskar]

Hi Vinny/Simon,

Many thanks for your responses. Much appreciated.

Regards,
Ravi.