Citizenship status for child born in the Uk

[parasol]

Hi,
Both me and my wife are Indian citizens, have ILR in the UK and are as such entitled to claim British Citizenship but have not done so. Our daughter who was born in the UK recently is a British citizen by birth as both of us had ILR when she was born. However, we are thinking of getting her an Indian passport now as we might be moving back to India subsequently. Assuming we move back to India in the next 2-3 years and the current UK laws do not change in the future , would she be entitled to claim British citizenship by birth at a later point in time, say, when she is 18 or earlier still?

Thx for your response,
Parasol

[lionking007]

Hi,
Both me and my wife are Indian citizens, have ILR in the UK and are as such entitled to claim British Citizenship but have not done so. Our daughter who was born in the UK recently is a British citizen by birth as both of us had ILR when she was born. However, we are thinking of getting her an Indian passport now as we might be moving back to India subsequently. Assuming we move back to India in the next 2-3 years and the current UK laws do not change in the future , would she be entitled to claim British citizenship by birth at a later point in time, say, when she is 18 or earlier still?

Thx for your response,
Parasol

I suggest, you all get a British passport. Surrender your Indian nationality then apply for OCI and live in India for as long as you like and you basically get the best of both the worlds.

[ouflak1]

Hi,
Both me and my wife are Indian citizens, have ILR in the UK and are as such entitled to claim British Citizenship but have not done so. Our daughter who was born in the UK recently is a British citizen by birth as both of us had ILR when she was born. However, we are thinking of getting her an Indian passport now as we might be moving back to India subsequently. Assuming we move back to India in the next 2-3 years and the current UK laws do not change in the future , would she be entitled to claim British citizenship by birth at a later point in time, say, when she is 18 or earlier still?

Thx for your response,
Parasol

She has a lifetime claim to British Citizenship. The laws of UK citizenship are not dependent on the laws of citizenship of other countries. Also, it is unlikely that even if the laws changed, those who received their citizenship by birth would be retroactively stripped of their citizenship. I am basing that assumption on the precedence of such changes the UK has implemented in the past regarding citizenship.

However, the instant she ever tries to act on that claim (assuming you go for her Indian passport) she will have, by her actions, relinquished her Indian citizenship. The previous poster's advice is probably best. One of you parents get your British citizenship. Then get that parent and child OCI. On the scale of years, you should have more than enough time to accomplish this.

[vinny]

See also Citizenship for new baby.

[JAJ]

The problem will be, if British citizenship is not claimed now, that in 20 or so years time it may be impossible to show that parents had ILR at time of birth. Especially when records have been lost, destroyed, thrown out, etc.