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can child borned abroad apply for BC if parent get ILR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Only yours
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Joined: Tue Oct 13, 2009 1:37 pm

can child borned abroad apply for BC if parent get ILR

Post by Only yours » Wed Jan 05, 2011 3:43 pm

Hello,

my friend is on HSMP and getting ILR this year july. his wife and a child are in pakistan and never been here yet.

can he apply for his son british nationality straight away after getting ILR for himself, child and wife.

if not when can he apply for british nationality for his son.

thanks

Backer
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Posts: 298
Joined: Sun Feb 01, 2009 6:03 pm
United Kingdom

Post by Backer » Thu Jan 06, 2011 5:06 am

No. If parent gets ILR than child needs to be born in the UK to be eligable for British citizenhip.

If so, parent can apply for his child only when he applies for his own citizenship and I beleive the child must be residing in the UK for this (but not sure).

RameshM
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Joined: Sat Feb 07, 2015 9:59 pm

Re: can child borned abroad apply for BC if parent get ILR

Post by RameshM » Sat Feb 07, 2015 11:19 pm

Any one advise me for the following situation.

Baby born in Nov'14 in UK ,Parents are Indian Citizens and going to apply an ILR in Feb'15, Baby is going to apply an Indian passport and travelling to India in Mar'15 with grand parents.

Question is :

Please advise whether the baby is eligible to apply British passport (or) Naturalisation from India or not ?

If eligible for British passport,what is the procedure and please explain the process and time periods for each stage.

Thanks
Child's dad

milan69
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Joined: Fri Oct 18, 2013 5:09 pm

Re: can child borned abroad apply for BC if parent get ILR

Post by milan69 » Sun Feb 08, 2015 9:29 am

As far as I know under Indian law you cannot have two passports.
I am sometimes wrong.

secret.simon
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Re: can child borned abroad apply for BC if parent get ILR

Post by secret.simon » Sun Feb 08, 2015 12:08 pm

As the child is born in the UK, s/he is entitled to British citizenship with registration under Section 1(3) after the parents get ILR.

After registration, if you apply for a British passport for them, they will automatically lose Indian citizenship and will need to surrender their Indian passport.

Alternatively, you can apply for a CoE-RoA in their Indian passport. That will allow them to retain their Indian passport until the age of 18, when they must decide which of their citizenhsips (British or Indian) they want to retain.

While I have not undergone this process, I understand from other threads on this forum that the whole process (registration and getting CoE-RoA) can take between 6 months to a year.

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Re: can child borned abroad apply for BC if parent get ILR

Post by Jambo » Sun Feb 08, 2015 9:46 pm

secret.simon wrote:After registration, if you apply for a British passport for them, they will automatically lose Indian citizenship and will need to surrender their Indian passport.

Alternatively, you can apply for a CoE-RoA in their Indian passport. That will allow them to retain their Indian passport until the age of 18, when they must decide which of their citizenhsips (British or Indian) they want to retain.
This advice is not correct.

CoE-RoA is only applicable if the child is dual national from birth.

In this case, the child will lose his Indian citizenship as soon as his British citizenship application is approved.
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