Citizenship for new baby

[mskemails]

Hi

I am an Indian and currently in PR visa and will be eligible for Citizenship in Aug 2011. now my wife is pregnant and expecting baby next month (Feb 2011) delivery is going to be in the UK

I am planning to do the following for baby's visa

1. register my baby as Indian citizen (in Indian embassy,London)
2. apply for dependent visa with UKBA , I assume that baby will get PR directly, Is that correct?
3. coming Augest, we all can apply for citizenship

will this workout? Is there any problem ?

Will my baby have to live in UK minimum 1 year on PR to get Citizenship ? Or since the depedent(baby) is in under 18 , they get citizenship without any problem

(I know that PR holders' baby can get Citizenship straightaway if they born in UK but I want the baby as Indian citizen first)

Any advice/guidence would be really helpful here. Thanks

MSK

[boloney]

Hi

I am an Indian and currently in PR visa and will be eligible for Citizenship in Aug 2011. now my wife is pregnant and expecting baby next month (Feb 2011) delivery is going to be in the UK

I am planning to do the following for baby's visa

1. register my baby as Indian citizen (in Indian embassy,London)
2. apply for dependent visa with UKBA , I assume that baby will get PR directly, Is that correct?
3. coming Augest, we all can apply for citizenship

will this workout? Is there any problem ?

your baby will be Born as British citizen under BNA 1981 section 1(1)

Will my baby have to live in UK minimum 1 year on PR to get Citizenship ? Or since the depedent(baby) is in under 18 , they get citizenship without any problem

(I know that PR holders' baby can get Citizenship straightaway if they born in UK but I want the baby as Indian citizen first)

Any advice/guidence would be really helpful here. Thanks

MSK

[vinny]

If a parent has ILR/PR, then baby subsequently born in UK will automatically be British.

[mskemails]

Thanks Vinny,

yes I know that but I want to register the baby as Indian Citizen first
so that all our family members will be in the same track to avoid any confilicts in future (travel to India or return to India)

do you have any idea ?

MSK

[Greenie]

As Vinnie says the child will automatically be British by birth, you don't need to make any application for him to be British. If you try to make a settlement application UKBA will not consider it because they child is already British.

Your issue is to do with Indian nationality to perhaps you need to speak to your embassy/consulate or seek advice from someone trained in Indian nationality law. I think there are quite a few posts about dual nationality for children under Indian law in this forum.

[mskemails]

Hi Greenie,

Thats really bad news

can you please confirm me that UKBA will not consider the settlement visa for my child (any url/documents from UKBA)..

Thanks for you help ...


Regards
Karthik

[geriatrix]

As per my understanding (and I stand to be corrected), the following may be the only option for your (British citizen by birth) child to have a "UK immigration" vignette on a valid Indian passport:

For the time that your child holds a "valid" Indian passport (and no British passport), your child may be eligible for certificate of entitlement to right of abode. See Guide ROA for details.


regards

[devang99]

Karthik,

Why you want to apply in this manner , there will be too much cost will be involve ,

1) first you apply for Indian Passport then apply for ILR visa
2) Apply for UK Citizenship with you which is also not free and then apply for Dual visa .. what is point ?

I think you should apply UK passport for Child straight away and apply for Indian OIC visa or normal visa ..

[mskemails]

Dear all

Thanks for your valuable comments.

since parents are on ILR , UKBA will NOT consider/issue ILR for their child born in UK ( I found another thread in our forum that the ILR application got rejected since the baby is alreay BritishCitizen - as you said)

now I need to apply for British passport when baby needs

Thanks again

MSK