Child status - Query

[wasiter]

Hello all,

I have tried in searching for my situation i couldn't and that's why iam posting.

Here it is:

Iam a natuaralized British from 2006 and i got married in Sep 2008.
Iam married to an Indian Citizen and she's staying in UK with me thru her WorkPermit which is valid till Sep 2011 started from Sep 2006. So, ideally she should be able to claim her PR from 2011 (hoping that the UK govt don't change the GOAL POST again) and that is one of the reason i haven't changed her VISA STATUS to dependent as i thought her PR from 2011 would give her more rights.

Now, slight twist we are expecting a BABY in 2011.
Now, my question is what is my baby's citizenship? is my baby an Indian or British?

Any one faced a similar situation. If there is a confusion i would kickstart her VISA process as quickly as possible.

Thanks

[geriatrix]

If the child is born in UK, he will be British (by birth).

If you were born in the United Kingdom on or after 1 January 1983, you are a British citizen if at the time of your birth one of your parents was:
a British citizen; or
legally settled in the United Kingdom.

Alternatively, you may choose to register the child as Indian citizen (by descent).

A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

Given that earned citizenship laws may be introduced in July 2011, your wife will have to apply for probationary citizenship as and when she qualifies. Had she changed to spouse visa in 2008, she could have applied for ILR in September 2010 and naturalised as British Citizen (as per current laws) any day after being granted settlement.


regards

[wasiter]

Thanks for the info.

It make sense from my point of view that i don't want to spend money twice one for switching status from WP -> DEP and again for the PR ( which i guess somewhere closer to £1000).

So, my question is

After the baby is born if i register as a British Citizen then, inorder to travel to india WHAT SHOULD I DO?

option 1: Get Visa
option 2: Could i register the child as an Indian descent? if yes, how long that is valid?

Thanks

[geriatrix]

After the baby is born if i register as a British Citizen then

The child will be British (automatic acquisition), so no need to register as British citizen. Apply for British passport straight away after birth.

inorder to travel to india WHAT SHOULD I DO?

option 1: Get Visa
option 2: Could i register the child as an Indian descent? if yes, how long that is valid?

Thanks

You don't register the child as an Indian descent! You register the child as Indian citizen by descent. India does not allow dual nationality so the child will either require a visa to travel to India or may apply for OCI (subject to eligibility).


regards

[wasiter]

Thanks for the info.

I wouldn't mind my kid holding a OCI as even iam hoilding one.

Once again, thanks for the info.