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yes, your Child will be an Indian National at birth in the UK.mun_oct2009 wrote:Hi there. I am a Tier4(student) dependent from India, living in UK now. I am expecting baby. I have discussed about my child citizenship with friends and relatives. The facts i have got is detailed below, if i get some help to clarify my knowledge that i have gathered so far will be a great help.
1. As i am Indian citizen, my child born in uk will be indian citizen.
2. My child can claim British citizenship at the age of 18.
3. Childs birth needs to be registered.
But if all these are correct, i don't know the process for registration and what form and documents required. And at 18 what is the claiming process. It will be very kind to get detailed response. I appreciate your time. Thank you.
The main evidence you would be showing is that the child living in the UK and made UK as his/her country. After birth if the child leave the UK then you do not have any evidence to prove why the child has to be registered as a British citizen. One cannot claim citizenship based on their birth place is in the UK.mun_oct2009 wrote:So far i realise my knowledge is not correct. But i have this statement from UKBA website. Can i have some comments on this please. As it says parents who are not settled and British citizen can still apply. As stated below -
" Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens
Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen."
Can it be applicable in my case. Thanks for the effort.
the whole process is completely discretionary. The Home Office can just say 'no' and be completely legal. I would imagine the secretary of state will only exercise discretion when (for example) the child was born in UK, has always been living in UK since birth and is living a "settled' life here, ie. goes to school here, has his/her life solely based in the UK and it would be damaging to the child if he/she was removed from the UK.mun_oct2009 wrote:Thanks everyone. Now i am seeing some light at the end of the tunnel. If i can show evidence that the baby is living in uk then the baby is eligible for Registration as a British Citizen under Section 3(1) applications. I need to know what kind of evidence i can produce that the baby is living in uk. If i need to live here for a while to do paperwork, i am willing to do that. I need to know the required documents and which application form to use. How long will it take to prepare the documents and get the whole process done after the baby is born. Actually it will be great help to have the details about the process. Thanks a lot.