British citizen has a kid outside UK

[fatguyslim]

Hey everyone, a bit of a background on what's going on. I attained my citizenship back in Jan 2020 and I travelled to India in April 2021 to meet my parents. I have stayed in India since, as I found out in December 2021 that my dad had liver cancer. I got married in Feb 2022. I applied for my wife's spouse visa in Oct 2022 and she got her visa in Feb 2023, she got pregnant around this time too. The deadline to collect her BRP was 15th May.

My dad was going through his treatment at this point so I planned a short trip from 23rd April to 6th June in order for my wife to pick her BRP card. We arrived in the UK on 24th and got the BRP card on 26th. On 1st May my dad got admitted in the hospital as he was having difficultly breathikg and on 9th May I was told that his condition was declining fast. I got the flight back on 10th May and arrived at my hometown on 11th. My dad sadly passed away on 17th May and I have stayed here ever since.

I am currently weighing options to either live in India or the UK. I am going to apply for my mother's visitor visa as I cannot leave her alone here in India at the same time I want my kid to be born in the UK to avoid any complications with regards to his/her nationality.

My question to you all is that if I was to have the kid in India. Then what is the procedure to apply for my kid's British Citizenship? I eead this bizarre rule that I have to be in the UK for 3 years prior to making the application for my kid but not sure how that works given I have been away for so long. Any help with this case would be greatly appreciated. Thanks

[CR001]

If child born in India, the child is automatically British by descent as you are British by naturalisation.

You can apply for a British passport directly.

[secret.simon]

If child is born outside the UK, the child will be a British citizen by descent and can apply for a British passport. But their children (your grandchildren), if born outside the UK, will not be British citizens automatically. Also be aware that the child's first British passport from India can take six months to a year.

If the child is born in the UK, the child will be a a British citizen otherwise than by descent (like you) and will be able to transmit British citizenship to one generation born outside the UK.

Re your mother's visit visa application, you will have to make a really strong case of her connections to India being stronger than her links to the UK, via you and your child.

[fatguyslim]

If child is born outside the UK, the child will be a British citizen by descent and can apply for a British passport. But their children (your grandchildren), if born outside the UK, will not be British citizens automatically. Also be aware that the child's first British passport from India can take six months to a year.

If the child is born in the UK, the child will be a a British citizen otherwise than by descent (like you) and will be able to transmit British citizenship to one generation born outside the UK.

Re your mother's visit visa application, you will have to make a really strong case of her connections to India being stronger than her links to the UK, via you and your child.

Thanks for the tip Simon. So I can simply apply for my child's British passport as soon as he/she is born? Taking a year is not going to be an issue as I won't be traveling with the child for at least a year.

With regards to my mother's visitor visa, I will revisit this forum when I am have all the documents ready.

[alterhase58]

You are correct, apply for child’s British passport direct to HMPO: https://www.gov.uk/overseas-passports