Parents have ILR, can baby avoid being British

siddhant4u · Post by **siddhant4u** » Wed Feb 08, 2012 2:12 pm

Both parents have ILR and baby is due in few months. I read on the forum that Baby will automatically get British Citizenship. Can this be avoided? Is there any possible way to get Indian Citizenship for the baby?

Also, what are the benefits of having UK citizenship for baby if both parents are going to move to India in couple of years?

thanks in advance

Post by **Greenie** » Wed Feb 08, 2012 2:15 pm

there is no way you can avoid the child being British unless the child is born in India.

sunil.suneel · Post by **sunil.suneel** » Wed Feb 08, 2012 4:43 pm

If you are moving back permanently and the baby would grow up in India, then there are more disadvantages than benefits ... for example, you will end up paying more for all the fees (usually 3-4 time the normal fees) as the baby will have NRI status ...

Post by **John** » Wed Feb 08, 2012 5:00 pm

there is no way you can avoid the child being British unless the child is born in India.

..... or indeed anywhere outside the UK!

Post by **Greenie** » Wed Feb 08, 2012 5:20 pm

John wrote:
there is no way you can avoid the child being British unless the child is born in India.
..... or indeed anywhere outside the UK!

sorry - yes of course - however they would presumably need a visa to go to a third country and would probably prefer to have the baby in India if not in the UK.

Post by **John** » Wed Feb 08, 2012 7:30 pm

I don't know why but the following picture came into my mind. A couple of months before the baby is due they get Schengen visas and go to Paris for the weekend, by train. Unfortunately baby decides to come early, and is born in France. Thus the baby is not British! Nor does the baby initially have a passport or a visa to get into the UK. So all in all such a trip would cause serious problems! So such a short trip to the continent is not recommended!

Post by **Greenie** » Wed Feb 08, 2012 9:28 pm

John wrote:I don't know why but the following picture came into my mind. A couple of months before the baby is due they get Schengen visas and go to Paris for the weekend, by train. Unfortunately baby decides to come early, and is born in France. Thus the baby is not British! Nor does the baby initially have a passport or a visa to get into the UK. So all in all such a trip would cause serious problems! So such a short trip to the continent is not recommended!

indeed and they may also incur expensive hospital fees - and may not speak French! So not advisable really...

siddhant4u · Post by **siddhant4u** » Thu Feb 09, 2012 4:38 pm

there is one section on HCI's site but its not clear if this applies to people with ILR status.

http://hcilondon.in/passport.php

read: Passports for Children born in the UK

Parents should have some rights to decide if child should have same citizenship status as theirs..

siddhant4u · Post by **siddhant4u** » Thu Feb 09, 2012 4:40 pm

Greenie wrote:there is no way you can avoid the child being British unless the child is born in India.

The british rule says, child can get british citizenship even if born in India if one of parent is british or settled in UK. However you have to register the birth in UK embassy.

I was thinking about the cost of study in India and that is the reason was trying to find out if I can avoid labeling my child a British.

Post by **John** » Thu Feb 09, 2012 6:06 pm

The british rule says, child can get british citizenship even if born in India if one of parent is british or settled in UK.

Not quite. A child born outside the UK will be British from birth only if one or both parents is British otherwise than by descent. A person who has been Naturalised will indeed be British otherwise than by descent.

If neither parent has such British Citizenship the born-outside-the-UK child will not be British from birth, even if one or both parents has ILR.

Krishna555 · Post by **Krishna555** » Thu Feb 09, 2012 7:32 pm

Hi
I dont think baby born in UK with parents ILR status should only get British citizen.This only option.It is better talk to Indian embassy.

pennylessinindia · Post by **pennylessinindia** » Fri Feb 10, 2012 12:29 pm

sunil.suneel wrote:If you are moving back permanently and the baby would grow up in India, then there are more disadvantages than benefits ... for example, you will end up paying more for all the fees (usually 3-4 time the normal fees) as the baby will have NRI status ...

This is not always true know many british children living in India who pay local fees . If a real problem at the time of school just renounce UK citizenship and become indian

Post by **vinny** » Fri Feb 10, 2012 12:41 pm

pennylessinindia wrote:If a real problem at the time of school just renounce UK citizenship and become indian

Absolutely not possible.

pennylessinindia · Post by **pennylessinindia** » Fri Feb 10, 2012 5:28 pm

vinny wrote:
pennylessinindia wrote:If a real problem at the time of school just renounce UK citizenship and become indian
Absolutely not possible.

http://indiancitizenshiponline.nic.in/acquisition1.htm

Post by **ban.s** » Sat Feb 11, 2012 9:38 am

minors can't renounce citizenship unless they turn 18

siddhant4u · Post by **siddhant4u** » Sat Feb 11, 2012 10:30 pm

pennylessinindia wrote:
vinny wrote:
pennylessinindia wrote:If a real problem at the time of school just renounce UK citizenship and become indian
Absolutely not possible.
http://indiancitizenshiponline.nic.in/acquisition1.htm

Thanks pennyless, as par Gov of India website It seems its possible to register a child born in uk as Indian if I declare he/she does not have any other country passport.

"A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period."

Post by **John** » Sun Feb 12, 2012 8:09 am

siddhant4u, excellent!

So given no British Citizen is required to have a British passport, and many do not, the plan appears to be simple. That is, do not apply for a British passport for the baby, but instead register the birth at an Indian consulate within one year of the date of birth.

Post by **vinny** » Sun Feb 12, 2012 10:00 am

i.e. no renunciation of British citizenship required.

Just don't apply for a British passport, but perhaps a Certificate of Entitlement to the Right of Abode instead.

Redbull3 · Post by **Redbull3** » Thu Apr 05, 2012 9:45 am

My baby was born in UK and I was BRITISH when she was born in London and my wife Indian.

We opted for Indian citizenship for my baby and we got it. But you need to get a Certificate - Non Acqusition of British Passport from British officials ... it takes 1 week to 14 days to get this.

At Indian Embassy in London we applied for Indian passport and we got it.

We are now in India and to take my baby back to UK we need a VISA ... since I was British when baby was born, we applied for Right of abode (ROA) here in India through VFS office.

Its very straight forward application for ROA.

Does anyone know the time of processing for ROA ? We applied on 19-Mar-2012 and are waiting for a reply ... fingers crossed ... Does any one know ?

Redbull

eashkuma4 · Post by **eashkuma4** » Mon Jun 04, 2012 5:51 pm

Dear All,

I have a question and wondering if any one can answer this.

Myself and my wife we both have received Indefinite leave to remain in the UK during Feb 2012 this year.

We are expecting a bay in August and want to Apply for Indian Citizenship and Indian Passport from UK.

My Question is, can we take Indian citizenship and Indian Passport from the UK although we both have ILR? also what citizenship is it, is it by Birth or by Descent and what is the difference between by Birth and descent citizenship?

I have tried calling the Birmingham Indian High commission Office and they aren't picking the calls since a month.

Please share your experiences if you were in similar situation.

Many thanks in advance

Regards,

asim72 · Post by **asim72** » Sun Jul 01, 2012 9:28 am

eashkuma4 wrote:Dear All,

I have a question and wondering if any one can answer this.

Myself and my wife we both have received Indefinite leave to remain in the UK during Feb 2012 this year.

We are expecting a bay in August and want to Apply for Indian Citizenship and Indian Passport from UK.

My Question is, can we take Indian citizenship and Indian Passport from the UK although we both have ILR? also what citizenship is it, is it by Birth or by Descent and what is the difference between by Birth and descent citizenship?

I have tried calling the Birmingham Indian High commission Office and they aren't picking the calls since a month.

Please share your experiences if you were in similar situation.

Many thanks in advance

Regards,

Why are you ringing them?
All the information that you need is already clearly mentioned on their website.

http://www.cgibirmingham.org/

rrp · Post by **rrp** » Thu Aug 01, 2013 12:01 am

Hope some one will help me with this, Earlier I raised my query in another thread but I think it is more appropriate to ask this question.

I am also in similar situation and both I am my wife are having ILR. We are expecting our baby on this Dec and if the baby is born here then I want my baby to have Indian Citizenship. In the other post our repectable moderator suggested that I can do this through COE-ROA. I am not sure what is COE-ROA and what difference it has to ILR. Any help or information would be highly appreciated.

Thanks in advance.

rrp · Post by **rrp** » Thu Aug 01, 2013 12:51 am

Dear Moderator,

Sorry for this but please let me know if I should raise this here or some other place.

Thanks.

Post by **vinny** » Thu Aug 01, 2013 12:53 am

vinny wrote:i.e. no renunciation of British citizenship required.

Just don't apply for a British passport, but perhaps a Certificate of Entitlement to the Right of Abode instead.

rrp · Post by **rrp** » Thu Aug 01, 2013 1:04 am

Thanks a lot Dear Moderator for a quick reply.

I am trying to explain what I understood from your earlier message.
renunciation of British citizenship - So the baby will be British first and renunciation means that I don't apply for British passport. Does this mean that the baby is first British and then converted to Indian?

Is there any difference to baby having ILE and baby having COE-ROA.

Thanks again. All these help in this forum means a lot to me.

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