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lemess wrote:All I can say is that having a child in the UK may be slightly less stressful for your wife and make the process of getting a UK passport for your child a tad less bureaucratic.
User wrote:Hi,
I got my british citizenship by naturalisation recenlty.
I am sure my child will get british citizenship even if he/she is born in India.
I can only comment on this but I don't see how or why it would have anything to do with the immigration officer admitting her back into the country. Where someone chooses to give birth is none of their business ! it's a free country after all and unless some immigration rules are being violated, you don't owe anyone an explanation for having your child born wherever you wish !User wrote:Thanks for those points.
When she arrives after 9 months in the UK, what sort of questions she is likely to face with the immigration officer? Would they ask her why she decided to have her delivery in India and not UK. Of course, i will be accompanying her and our child when they enter the UK around september 2006 though.
User wrote:Cheers. Thanks for all those answers.
Frankly, I think a potential ILR cannot determine our decisions to whether have the baby here in the UK or elsewhere - its a personal decision and i would not let anybody come into that, so i am least interested in the ILR for my wife - if they think that the marriage is for convenience, especially when we are married for more than a year, and having a new born child. Inspite of this if the Home office thinks that our marriage is for conveninece i would not really care about them. I will simply request for an FLR for her to live with me once she arrives here in teh UK after 9 months.
Now that does sound like a plan to pursue!!!!!We are also discussing with our parents to see if they can manage to come over here around delivery time
There is no requirement that the entire two year probation period be spent in the UK. However the HO at ILR stage do consider if the couple have been 'together' i.e. in a subsisting relationship during any periods outside the UK. The actual period of separation based on your intended US trips is not clear - is it 3-4 months of the 9 month period (when your spouse is in India) or is it every 3-4 months from Jan 2006 till Sep 2006 when you come back with your spouse and child to the UK? In the latter case then the burden of proof that your relationship subsists is higher.User wrote:1. If she flies to India around January 1st week and then returns to the UK around September 2006, will she be able to get her ILR in April 2007.
She would have been outside the UK - only to take care of her delivery, for about 9 months time. I will be able to substantiate this when applying for her ILR.
She will be given a two year extension of her FLR or exceptionally 1 year FLR. She will then apply for ILR at the end of the new FLR period be it 1 or 2 years.User wrote:2. If in the worst case that she is not given an ILR (because of her 9 months absence) would she be at least given a FLR to continue her stay in UK as my wife?
It is difficult to give specific questions that the IO will ask but they would pertain to the purpose she seeks entry into the UK = returning on a spouse visa. They will also ask her of the length of absence and reasons thereof. IMHO your choice of where to have a baby is of no interest to them - rather the impact of that if any on the relationship. The IO will also verify the child's paperwork (presumably British Passport from the High Commission). I would carry the child's Indian and consular birth certificates as applicable. Personally I don't see any problems with re-admission. That you will be there at re-entry is a plus.3. When she arrives after 9 months in the UK, what sort of questions she is likely to face with the immigration officer? Would they ask her why she decided to have her delivery in India and not UK. Of course, i will be accompanying her and our child when they enter the UK around september 2006 though.
JAJ explained higher up this thread that BCs by descent are unable, generally, to transmit citizenship to a further generation born outside UK. This is the only disadvantage of being "by descent" - I don't think there's anything else in the law that means that being "otherwise than by descent" is an advantage.vin123 wrote:Catching this train a bit late, but highly useful info here - thanks.
Could someone please explain any other practical real life demerits of being a British citizen
- by descent &
- by naturalization (majority category here)
when compared to 'by birth'