British passport for a child born in India

[dhanubs]

Hi Everyone,

I have gone through various topics related to Child passport in this forum but still there are various questions/doubt that come to my mind. So apologies if this has already been answered.

I am a British Citizen (with OCI) and my Wife is an Indian Citizen with ILR. We recently had a child and are now going to apply for his passport. I presume there are 2 options

1) Apply for Indian passport (based on Indian Birth Certificate) and then get ILR so the child can come to the UK. Once in the UK, apply for British Passport.

2) Apply directly for British passport as the father of the child was British citizen otherwise than by descent.

As per here http://www.immigrationboards.com/viewto ... 0ff8526084


The application for British passport could take over 12 weeks but I will only be there for 4 weeks and need my original passport to return to my job in the UK. Do I have to given them my original passport and be present in person until the whole process is complete?

After having got the British passport for the child, what answers do we provide to the immigration authorities at the Indian Airport for not having an Indian passport. Is it even possible to fly back to UK without an Indian passport? If we do get the Indian passport that would be a violation of rules as India doesn't allow Dual citizenship. Does it mean then that after having got the British passport the I need to get an Indian visa for my child even while he is still in India (which is quite unusual) .

There is a lot of fuzziness around this topic of a child having born in India to a British Citizen. I humbly request the experts in this forum to guide me in this regard. Thanks a lot for your help.

[ami123]

Hi Iam in to similar situation have to apply for pritish passport for my son
hence i have some kind of answers

Q:
The application for British passport could take over 12 weeks but I will only be there for 4 weeks and need my original passport to return to my job in the UK. Do I have to given them my original passport and be present in person until the whole process is complete?

answer:document says it takes 16 weeks to receive new passport.
Also while you are in UK take a color copy of all pages of your british passport an get that attesed by UK solicitor (charges could vary from 20-200 gbp, call and get quote from different solicitor firms) https://www.gov.uk/government/uploads/s ... on.pdf.pdf

Q: authorities at the Indian Airport for not having an Indian passport ..
answer: once you receive child's british passport then go to nearest FRRO office and get indian visa on that(exit or entry visa not sure)

[dhanubs]

Hi

Thank you for replying! Of late, I've been hearing another option of getting a Right of Abode and a certificate of entitlement for the child instead of the British passport. In which case the child can have his/her education in India at the usual cost (instead of NRI fees) and then go for a British passport once he/she turns 18. I don't know anyone personally who has done this but have heard this from someone in this forum. Have you done any research in this regard?

[lynxukauq]

Hi Dhanubs

Yes there is a third option where you can apply for Certificate of Entitlement for the Right of Abode, basically a sticker placed in your passport.

I am in the same situation as you guys.

Your can read about ROA guidelines here
http://www.ukba.homeoffice.gov.uk/sitec ... de_roa.pdf

And the form that you need is VAF7 if you are applying from outside.
Fees from applying outside is £278
http://www.ukba.homeoffice.gov.uk/sitec ... s-2012.pdf

Required documents are listed in the schedule under "The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006"

http://www.legislation.gov.uk/uksi/2006 ... edule/made

and also UKBA Supporting Document Guidance

http://www.ukba.homeoffice.gov.uk/sitec ... -abode.pdf

Hope this helps

[dhanubs]

Hi lynxukauq

Thanks for such an informative response. I guess that would probably be the way to go then. I guess the below excerpt from the "Basis of Application" taken from the ROA Guidelines would be applicable to Child born outside UK to a parent who was a naturalised British Citizen at the time of Birth.


Applicant was born outside the United Kingdom and
the Falkland Islands on or after 1st January 1983, or
outside the United Kingdom and any qualifying
British overseas territory on or after 21st May 2002,
to a parent born in the United Kingdom or the
Falkland Islands (or, on/after 21st May 2002, any
qualifying British overseas territory) or to a parent
registered or naturalised in the United Kingdom
prior to the applicant’s birth

My next question would be then, does this legally hold from the Indian Governments (or any other which doesn't allow dual citizernship) perspective as according to the current laws one cannot hold a Foriegn citizenship while holding Indian Citizenship at the same time.

Would Certificate of Entitlement qualify as a Citizenship or is it that the child is still an Indian Citizen?

Thanks again

[john1978]

hi. I have applied first british passport for my child last yearsOctober .who was born in Iraq but now we are live in Germany .still I am waiting.they keep saying your child application going under security check.

good luck to you guys.

[lynxukauq]

I guess that would probably be the way to go then

Yes this will be a lot faster route than applying for British passport if you can't wait for longer period

Would Certificate of Entitlement qualify as a Citizenship or is it that the child is still an Indian Citizen?

I know India does not allow dual nationality but I think you should be okay. You can think of ROA similar to ILR/ILE except that it expires when the passport expires as well.
So my assumption is that you can have right of above on Indian passport.

My country allows dual citizenship so I don't have this issue.

This is something you will have to do more research on this or see if anyone who has gone through the experience can answer your query.

Regards