Dilemma Please help!!!!

[sragi228]

Hi,
I am an Indian citizen currently in the UK with ILR status. Both wife and daughter (born in UK) are on ILR status. I am planning to apply for citizenship this month.

My wife is pregnant with my second child and we are planning the pregnancy in India and she might end up staying there for atleast 6 months (including my first daughter).

In this situation, my query Is it advisable to apply for minor naturalisation for my daughter considering she would stay outside UK for atleast 6 months after applying.


My second query, What is the best way for my new born child to be in UK?

Would it be indian passport / ILR / and then after coming here citizenship
or is there a better less complicated way?


Many thanks in advance

[gidoc]

If the baby is due after 3 months or more, best to apply now as all of you should be naturalised in that time. If you expect to return in less than 3 months, apply via NCS anyway.
If your child is born outside UK he will need an Indian passport and entry/settlement visa to UK which can be obtained in India.
If all of you are out of UK for more than 90 days it will effect your Citizenship application as well, bear that in mind.

see this thread as well!

[Jambo]

For minors it is called Registration not Naturalisation (the end result is the same).

When do you plan to apply and when do plan to go to India?
There is no requirement to be in the UK after applying for registration. However, from the little I know about Indian nationality laws, you lose your Indian nationality once becoming British so you will need to apply for a British passport and surrender your Indian one. Applying for 1st British passport in India can takes time. It's easier to do it in the UK.

You can also apply for registration once your daughter is back. If she was born in the UK, I presume she is under 13 years old. For children under 13 years of old, there are no requirements for residence in the UK before the application.

If you are granted British citizenship before the baby is born, then your child born in India is British citizen by decent and you should apply for a British passport for the baby. I don't know if the baby is also eligible for an Indian passport.

[vinny]

or is there a better less complicated way?

It may be simpler if child is born in the UK.

[sragi228]

Thank you very much for all your responses.
I am planning to apply for my naturalisation by the end of this month and I would be going to India during christmas break.

My wife along with my daughter would be going around the first week of september and might be returning in Feb2012.

1) If I apply for my daughter's registration(MN1) at the same time as mine I would like to know does she have to be in UK for the ceremony.

2)If I apply for her registration in Feb/ March 2012 after returning would it be a problem because she was not in the UK for nearly 6months.


ta

[vinny]

It appears as if you did not read Jambo's answers to both questions. Daughter should have no problems since she was born in the UK.

[sonya24]

its better if your wife waits till the delivery because if the baby is born here he/she will get british passport automatically you can apply fot the passport at the postoffice and pay a small fees otherwise if the baby is born in india you will first apply for entry and pay the fees after getting an indian passport then you will need to register him as a britush and pay 500pounds fees.i would suggest you to wait.you can apply for your daughter's registration before she leaves for india.registration for minors dont take long you can apply for a british passport for her at the postoffice once you get the certificate she doesnt need to attend an interview her passport will come straight away i hope this helps.

[Jambo]

otherwise if the baby is born in india you will first apply for entry and pay the fees after getting an indian passport then you will need to register him as a britush and pay 500pounds fees

If the father would be granted citizenship before the baby is born, the baby would be British from birth.