Parent British Citizen and Baby born outside UK

Tickle · Post by **Tickle** » Wed Jun 20, 2007 11:08 pm

Hi,
I am planning to apply for British Citizen throguh Naturalisation in couple of months time.

We are expecting our baby to be born in India.

What are the VISA options I have for the new baby to bring it to UK.

1. Do I need to apply for ILR for the baby in the Indian Passport?
2. Can I apply British Citizen for the baby in India ?
3. Can I apply for Right of Abode for the baby ?

Or is there any other options ?

Thanks

Post by **JAJ** » Thu Jun 21, 2007 2:41 am

Tickle wrote:Hi,
I am planning to apply for British Citizen throguh Naturalisation in couple of months time.

We are expecting our baby to be born in India.

What are the VISA options I have for the new baby to bring it to UK.

1. Do I need to apply for ILR for the baby in the Indian Passport?
2. Can I apply British Citizen for the baby in India ?
3. Can I apply for Right of Abode for the baby ?

When is the baby going to be born? Before you are naturalised - or after?
And why not have the baby born in the UK like other British citizens normally do?

Tickle · Post by **Tickle** » Thu Jun 21, 2007 7:18 am

For personal resons we really wanted to go India for the delivery. Baby due is early next year.

If I naturalise now baby is going to born after my Naturalisation.

So I really wanted to know what are the options I have to bring the baby back to UK.

If it's too complicate then I will leave my self in ILR itself and apply for Naturalisation after baby comes to UK.

Post by **John** » Thu Jun 21, 2007 8:24 am

Apply for Naturalisation as soon as possible, but appreciate it is not an instant process ... it can take months! Applying at an NCS office can speed up the process, although BIA deny this.

Assuming you and/or your spouse is a British Citizen by Naturalisation when the baby is born, that baby will be British by descent if born outside the UK, or British otherwise than by descent if born in the UK.

The difference? It affects your grandchildren! If your child is born outside the UK then your grandchildren could well not be British unless born in the UK. Whereas if your child is born in the UK, your grandchildren will be British wherever born.

Tickle · Post by **Tickle** » Thu Jun 21, 2007 9:54 am

John,
Thanks for your reply and Understood the point that affecting my Grand Children.

Would you be able to advise me what is procedure for Applying British Citizen if the Child is born Outside UK (In my case India)

Thanks

Post by **John** » Thu Jun 21, 2007 10:22 am

There will be other members of this Board who have been through the procedure who hopefully will add to this but as I see it, after getting the birth certificate in India, go to the BHC and obtain a British passport for your child.

In order to do so you will appreciate that it will be a question of proving British Citizenship of one of the parents. Your Certificate of Naturalisation is an important document and should not just be carried around, but you might want to get a certified copy of it and take that to India.

Showing the Certificate of Naturalisation confirms citizenship otherwise than by descent, and therefore a child born outside the UK is still a British Citizen, albeit by descent.

Tickle · Post by **Tickle** » Thu Jun 21, 2007 10:25 am

Thanks John.
If any of the Forum members has gone through this process, Can you please update your experience.

Tickle · Post by **Tickle** » Thu Jun 21, 2007 11:31 am

John,
After getting British Passport, On What capacity the baby can staty in India until the baby returns to the UK.

For that time do we need apply for VISA to stay in India?

Post by **John** » Thu Jun 21, 2007 11:44 am

I shall let someone of Indian origin answer that one! To assist, roughly how long are we talking about here ..... roughly how old will the baby be when journeying to the UK?

Christophe · Post by **Christophe** » Thu Jun 21, 2007 11:45 am

Tickle,

You might want to look at this thread (entitled "British citizen's child's nationality confirmation!").

I don't know if the circumstances will be precisely the same as in your case, but the situation did not seem altogether easy to resolve as I recall.

jazbaati99 · Post by **jazbaati99** » Thu Jun 21, 2007 12:01 pm

Hello

An alternate approch.

If you do naturalize after your baby is born in India and provided you and your wife are not british citizen when the baby is born, then your baby will be registered as a british citizen under section 3(1) (along with your naturalization application) and will be a british citizen otherwise by decent therefore your grand children will be british no matter where they are born. (Many thanks to John and JAJ for this information).

If the baby is born when you are a british citizen she will be a british citizen by decent thus she cannot pass on her british citizenship to her children unless born in UK.

What you need to in this case is to postpone your naturalization until after your baby is born. You baby will be an Indian citizen by birth. You can have an Indian passport for her and then apply for an ILE visa for the baby. Check the processing time with the High Commission. In my case it was three months (from Pakistan). When the baby is back in UK, apply for naturalization for yourself and baby (on a separate MN1 form).

Tickle · Post by **Tickle** » Thu Jun 21, 2007 2:57 pm

Thanks jazbaati99.
You guys are having so much valuable Information that can be useful to person like me. This is why I like this Forum.

Okay I will postpone the Naturalisation until the baby comes to UK.

Tickle · Post by **Tickle** » Thu Jun 21, 2007 3:05 pm

jazbaati99 WROTE(
If the baby is born when you are a british citizen she will be a british citizen by decent thus she cannot pass on her british citizenship to her children unless born in UK. )

jazbaati99, In your message you confirmed the baby is a Girl baby

(Which we don't know yet). Thanks for that.

Anyway We expect a girl baby. Let us see.

jazbaati99 · Post by **jazbaati99** » Thu Jun 21, 2007 3:40 pm

Hiya

Well I use the generic term as per my understanding baby is referred to as she in UK irrespective of her gender.

Wish you all the best for coming weeks and months.

John / Senior memeber, can you kindly confirm if ILE route is still available for Tickle?

avjones · Post by **avjones** » Thu Jun 21, 2007 3:56 pm

Hi - to give an example. my other half was born in Israel to an Israeli mother and an Israeli / UK father. He was therefore registered as a British citizen by descent.

In his case, he moved to the UK with his parents as a child, and our son (I'm British too) was born here and is a British citizen otherwise than by descent. But had my other half stayed in Israel and had a child there, that child would not automatically be entitled to UK citizenship.

Post by **John** » Thu Jun 21, 2007 4:02 pm

jazbaati99 wrote:can you kindly confirm if ILE route is still available for Tickle?

Well for the child of Tickle, certainly. The parents have ILR at present, so the child would get ILE when a Child Settlement visa is applied for.

Sorry, can't resist this .... the spouse of Tickle .... is that Slap????

Tickle · Post by **Tickle** » Thu Jun 21, 2007 4:11 pm

Yes, We both have ILR and I hope It's easier to get ILE for our baby without much trouble.

Christophe, thanks for the link that you have sent.

I have read the full story of the forum member "British".

I would never ever try to get Naturalise before the baby comes to UK. What a horrible/painfull experience that "British" has gone through in his process to get a British Passport for his child.

Post by **JAJ** » Fri Jun 22, 2007 3:10 am

Tickle wrote:Yes, We both have ILR and I hope It's easier to get ILE for our baby without much trouble.

Christophe, thanks for the link that you have sent.

I have read the full story of the forum member "British".

I would never ever try to get Naturalise before the baby comes to UK. What a horrible/painfull experience that "British" has gone through in his process to get a British Passport for his child.

Trying to get ILE for the child might be equally painful, if not more so.

Christophe · Post by **Christophe** » Fri Jun 22, 2007 7:59 am

Yes, I was really meaning to suggest that you might want to consider having the baby in the UK and then take it to see relations in India. I know that this would mean that you might lack the family support you hope for during late pregnancy and after the birth, but in the long run it might prove less stressful even so...

JAJ wrote:
Tickle wrote:Yes, We both have ILR and I hope It's easier to get ILE for our baby without much trouble.

Christophe, thanks for the link that you have sent.

I have read the full story of the forum member "British".

I would never ever try to get Naturalise before the baby comes to UK. What a horrible/painfull experience that "British" has gone through in his process to get a British Passport for his child.
Trying to get ILE for the child might be equally painful, if not more so.

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Parent British Citizen and Baby born outside UK

Parent British Citizen and Baby born outside UK

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