British passport application after child registration - Place of Issue?

[anonvtic]

This question pertains to the situation of my UK-born child, for whom an MN1 application has been submitted for registering as a British citizen and are currently waiting for the registration certificate. The applicant (minor) has upcoming scheduled travel to India.

Although India does not permit dual citizenship, there is a 3-month waiver to surrender a person's Indian passport after acquiring foreign citizenship, NOT after acquiring a foreign passport.

If the British citizenship registration certificate arrives just a couple of weeks before the minor is scheduled to travel, we intend to do the following steps in the below sequential order:

• Submit an application for the child's British passport

• Use their current Indian passport to travel to India for 2 months while the British passport application is pending with the HMPO

• Use their current Indian passport to travel to India for 2 months (the minor shall be accompanied by my wife)

• Return to the UK in early 2023, and apply for their surrender certificate and OCI

If the British passport arrives while the minor is in India along with my wife, I shall be available at our UK home address to receive (and sign for it).

Is there any issue with the above plan?

[CR001]

You are required to submit the original foreign passport with the application for a British passport.

[anonvtic]

You are required to submit the original foreign passport with the application for a British passport.

Alright. When will the original Indian passport be returned to me? Immediately after scrutiny, i.e. in just a few days?

HMPO can take up to 10 weeks to issue a first-time British passport. Does it mean the applicant's original Indian passport shall be returned only after the British passport is issued?

[CR001]

You can apply using the 1 week fast track for children.

Original foreign passport and certificate are returned after you get the British passport.

[contorted_svy]

Yes, that's right. Your child would probably need their British passport to travel back anyway.

[meself2]

plus in theory they can't use Indian passport when they have British one
https://www.hcilondon.gov.in/page/surre ... -passport/

But the grace period is not applicable once the British/Foreign Passport is acquired, he/she should travel only on the British/Foreign passport once the same is obtained even if he/she is within the grace period of three months.

[anonvtic]

Yes, that's right. Your child would probably need their British passport to travel back anyway.

Yes. I am going to India over Christmas, a few weeks after mum & child travel there, and I can take the British passport with me (if it is obtained after the child has travelled out of the UK). The child shall come back to the UK along with me, and should be okay to return since they'll have their British passport on hand.

[meself2]

and I can take the British passport with me (if it is obtained after the child has travelled out of the UK).

but how will child travel if they won't get their British passport (which would also mean supporting documents are not returned), on what document?

[anonvtic]

and I can take the British passport with me (if it is obtained after the child has travelled out of the UK).

but how will child travel if they won't get their British passport (which would also mean supporting documents are not returned), on what document?

Ah, indeed. Quite a conundrum faced by almost everyone in this situation, I gather. And I hear the VFS service appointments for passport surrender and tourist visas are backlogged. OCI will also not happen in such a short time frame.

Worst case, the minor may have to travel out on their Indian passport in violation of the Indian stipulations. https://www.hcilondon.gov.in/page/surre ... -passport/ mentions that the traveller may be prosecuted and that monetary penalties are suspended for now, but since the traveller is a 7-month-old baby, any sort of adverse impact is unlikely, right?

The baby needs to travel because their great-grandparent is terminally sick, and has expressed a desire to see them before they pass away. This happened after we submitted the MN1 application, and booked the ticket as far out as the doctors think is reasonably feasible for the elder one to potentially hold out, but without any guarantees whatsoever, obviously.

If we do this, what's the worst case scenario that can happen? Are the airline's computer systems usually so up-to-date to show that the minor has acquired a British passport? If the minor manages to travel out and land in India, in the prior experiences reported by others in this forum, are there instances of detention at the airside etc by the Indian immigration authorities (if their computers are updated)?

[meself2]

Are the airline's computer systems usually so up-to-date to show that the minor has acquired a British passport?

don't think they can track that; that's why the child won't be able to travel back to the UK on an Indian passport without supporting documents

did you consider to first do the travel and when you're back to the UK in 2 months, apply for a British passport (possibly even fast track)?

[meself2]

Are the airline's computer systems usually so up-to-date to show that the minor has acquired a British passport?

don't think they can track that; that's why the child won't be able to travel back to the UK on an Indian passport without supporting documents

did you consider to first do the travel and when you're back to the UK in 2 months, apply for a British passport (possibly even fast track)?

but that still raises the question about how can you prove that the child is British to the airline

[anonvtic]

Are the airline's computer systems usually so up-to-date to show that the minor has acquired a British passport?

don't think they can track that; that's why the child won't be able to travel back to the UK on an Indian passport without supporting documents

did you consider to first do the travel and when you're back to the UK in 2 months, apply for a British passport (possibly even fast track)?

Yes. We considered that, but the minor does not have a UK visa. I have ILR and the baby's mother has a GTV dependent visa. We directly submitted an MN1 application after I obtained ILR since the minor is UK born. But didn't anticipate a turn of events of the elder's health back home.

If they can't track this, travelling to India on an Indian passport after obtaining a fast-track British passport might be the only practical choice (albeit it is a violation of stipulations).

[meself2]

in theory you can apply for CoE-RoA into Indian passport either in the UK or in India for the child as soon as you arrive, but that might take a bit too long as I have no idea what the timelines are

If they can't track this, travelling to India on an Indian passport after obtaining a fast-track British passport might be the only practical choice (albeit it is a violation of stipulations).

or get an emergency appointment in the consulate, see this thread other-countries/indian-visa-for-minor-n ... 23082.html

[anonvtic]

Are the airline's computer systems usually so up-to-date to show that the minor has acquired a British passport?

don't think they can track that; that's why the child won't be able to travel back to the UK on an Indian passport without supporting documents

did you consider to first do the travel and when you're back to the UK in 2 months, apply for a British passport (possibly even fast track)?

but that still raises the question about how can you prove that the child is British to the airline

Right. I need to clarify that the assumption is that the citizenship registration certificate will be available in just a few weeks time, based on recent MN1 timelines and statistics. British passport application and document return could take about 3 weeks under the fast track service. So, before travelling out, they'll have both British and Indian passports.

No time to apply for surrender of Indian passport and OCI/tourist visa. So, the minor will travel out on their Indian passport.

[anonvtic]

in theory you can apply for CoE-RoA into Indian passport either in the UK or in India for the child as soon as you arrive, but that might take a bit too long as I have no idea what the timelines are

If they can't track this, travelling to India on an Indian passport after obtaining a fast-track British passport might be the only practical choice (albeit it is a violation of stipulations).

or get an emergency appointment in the consulate, see this thread other-countries/indian-visa-for-minor-n ... 23082.html

CoE-RoA on an Indian passport is not feasible for when the baby had to be registered as a British citizen via MN1. CoE-RoA is applicable in instances wherein the baby is eligible to hold Indian passport due to one of the parents being an Indian citizen, but has automatic right of abode in the UK by virtue of being born in the UK due to the other parent already settled in the UK. Since India specifically prohibits holding two passports at the same time, CoE-RoA on a foreign passport is the method for exercising travel right into the UK.

In this case, since baby was registered via MN1, CoE-RoA will be rejected. This is my understanding, but moderators please correct me.

[meself2]

in theory you can apply for CoE-RoA into Indian passport either in the UK or in India for the child as soon as you arrive, but that might take a bit too long as I have no idea what the timelines are

If they can't track this, travelling to India on an Indian passport after obtaining a fast-track British passport might be the only practical choice (albeit it is a violation of stipulations).

or get an emergency appointment in the consulate, see this thread other-countries/indian-visa-for-minor-n ... 23082.html

CoE-RoA on an Indian passport is not feasible for when the baby had to be registered as a British citizen via MN1. CoE-RoA is applicable in instances wherein the baby is eligible to hold Indian passport due to one of the parents being an Indian citizen, but has automatic right of abode in the UK by virtue of being born in the UK due to the other parent already settled in the UK. Since India specifically prohibits holding two passports at the same time, CoE-RoA on a foreign passport is the method for exercising travel right into the UK.

In this case, since baby was registered via MN1, CoE-RoA will be rejected. This is my understanding, but moderators please correct me.

yea, my mistake, apologies!

[contorted_svy]

Worst coming to the worst, you can tell HMPO about your circumstances once you applied for your passport, and explain the urget nature of yur travel. No guarantee of success, but a last resort.

[bubbly123]

Hi you can apply for the Mn1 and travel to India with your kid. After getting MN1 when you apply for First British passport there is a question 1: Does you kid got any other country passport? On that section you have to answer no. So you do not have to send your kids Indian passport. Indian kids can have dual citizenship until they’re turn 18. I travelled to India after applying Mn1 in UK and applied for my kids British passport and took it to India and came back to UK successfully. Search my name Bubbly123 and go through my situation. You have to go to Indian passport office with both passports and get a confirmation email from them saying your kid can have dual citizenship. When depart from India to UK show both passports and the printout of email saying your kid can have both passports from passport office.

[contorted_svy]

Indian children can only have double citizenship if they both had Indian and British citizenship by birth. That doesn't apply if you register your child through form MN1

[bubbly123]

It worked out very well in my case. My kids was born in the UK. The first birth certificate for my kid is UK birth certificate and then we took Indian birth certificate and Indian passport. It’s a grey area where no body knows anything in detail. I will attach the letter that Indian embassy confirmed me that my kids can have dual citizenship.

[contorted_svy]

It's not the same, your kids were born British and had an entitlement to indian citizenship as well. OP has registered the child (ie the child wasn't British at birth). When this happens the child loses Indian citizenship automatically.

[anonvtic]

So, a good update. The MN1 application was successful, and we have received the child's British citizenship registration certificate. Full timeline here: british-citizenship/mn1-registration-ap ... l#p2092473.

Heartfelt thanks to the moderators and all other members who offered their valuable help at every stage of the process.

The next step is to apply for a British passport for the child, for which we have got a 1-week fast track appointment (fees: £122) and opted for the additional £5 DX secure courier delivery for the documents. Assuming that the application, references and all supporting documents are in order, does the HMPO indeed guaranteed a 1-week commitment?

I'd like to inquire what aspects from below will fall within the "1-week" timeline:
a) Date of decision (to issue a passport, or to ask for further supporting documents, ask for an interview etc)
b) Date of dispatch of newly issued first British passport for the child
c) Date of receipt of the newly issued first British passport for the child at the applicant's home address (since DX courier delivery opted)
d) Date of receipt of submitted original supporting documents (e.g. the original Indian passport).

I'd be extremely impressed (and happy) if the 1-week timeline covers all the way up to the return of original submitted documents. However, this might be optimistic, I gather.

It would be helpful if the community can help to provide more clear estimates of the timelines for each of the steps involved with the HMPO given the need to travel to India soon?

[meself2]

id assume fast track isnt much in demand to make such accurate estimates
best you can get is search.php?keywords=fast+track&t=80618&sf=msgonly

[AmazonianX]

So, a good update. The MN1 application was successful, and we have received the child's British citizenship registration certificate. Full timeline here: british-citizenship/mn1-registration-ap ... l#p2092473.

Heartfelt thanks to the moderators and all other members who offered their valuable help at every stage of the process.

The next step is to apply for a British passport for the child, for which we have got a 1-week fast track appointment (fees: £122) and opted for the additional £5 DX secure courier delivery for the documents. Assuming that the application, references and all supporting documents are in order, does the HMPO indeed guaranteed a 1-week commitment?

I'd like to inquire what aspects from below will fall within the "1-week" timeline:
a) Date of decision (to issue a passport, or to ask for further supporting documents, ask for an interview etc)
b) Date of dispatch of newly issued first British passport for the child
c) Date of receipt of the newly issued first British passport for the child at the applicant's home address (since DX courier delivery opted)
d) Date of receipt of submitted original supporting documents (e.g. the original Indian passport).

I'd be extremely impressed (and happy) if the 1-week timeline covers all the way up to the return of original submitted documents. However, this might be optimistic, I gather.

It would be helpful if the community can help to provide more clear estimates of the timelines for each of the steps involved with the HMPO given the need to travel to India soon?

As you acknowledged it will be only an estimate. And from previous my previous experience the advertised time does not cover return and receipt of documents by applicant.

[anonvtic]

Yup. The HMPO states that the 1-week fast track route guarantees the receipt of the new British passport at the applicant's UK address, but provides no information whatsoever on the timeline of returning the supporting documents (such as the original Indian passport, birth certificate etc).

https://www.gov.uk/government/publicati ... ck-service states that:

The Fast Track service:

• is a guaranteed 1 week service, excluding bank and public holidays (this includes time for printing and delivery)

• guarantees we will deliver a customer’s new passport to their home address within 1 week of their appointment