British Passport for UK born Child from India - Very tough!

maddyinlon · Post by **maddyinlon** » Thu Dec 19, 2013 8:32 am

Hello Gurus,

Please give us a suggestion on how one can bring UK born baby (registered as a British citizen using MN1) back to UK with out applying for British Passport. At the moment, it looks like it is almost impossible to bring back the child to UK on British Passport because of the stupid documents they require.

Parents situation

Father - got ILR, residing in UK
Mother - got Visa under Dependent of settled person category, residing in India

Application for BHC has been returned as they need following documents:

Both parents original passports (how can we send passports to India? if one of the parent or both parents are in UK) - They would not accept color photocopy of all pages attested by UK solicitor - we already sent Mother's Passport as she is in India.
Address proofs of both parents in India (at least 4 documents)! and also document or letter referring to child in India to same address

Please let us know if there are other possibilities to bring child back to UK from India. I am thinking following alternatives...but not quite sure if it is possible

Child Visit visa - can we do this? as child is already registered as British citizen
Right of adobe - is child eligible to apply, if he can, how to apply?

Post by **Jambo** » Thu Dec 19, 2013 3:58 pm

Complain both to HMPO and BHC. The child is British and so be entitled to a passport.

rivercam · Post by **rivercam** » Fri Dec 20, 2013 2:21 am

Jambo

I have made compliant to HMPO but the response is they are correct and needs to submit supporting documents though child is british. Everytime thry say onus is on the applicant to get relavent documents from relevant deoartments. They were just not listening and replies standard answer. If we ask how if one parent lives in UK can submit address proof in India the reply is you have to if you need a passport and onus is on you.

My compliant is currently gone to level from cudtmer support to team manager to Policy maker and I am waitkng for the response. Don't know when will I get response. Till then we are in dilema. It's almost impossible to contact BHC delhi
and any emails we write get forwarded to newport custmer team and they don't understand what BHC delhi is doing. For example each time they return the application they don't clearly explain what is missing etc.

Post by **Jambo** » Fri Dec 20, 2013 7:44 am

Get your MP involved.

Ayyubi72 · Post by **Ayyubi72** » Fri Dec 20, 2013 8:41 am

Get right of abode on kid's Indian passport, travel to UK, then get British passport. MP's intervention won't be of any help.

maddyinlon · Post by **maddyinlon** » Fri Dec 20, 2013 11:00 am

Ayyubi72 wrote:Get right of abode on kid's Indian passport, travel to UK, then get British passport. MP's intervention won't be of any help.

I am not quite sure if right of abode can be applied if parents are not British citizens yet. I believe right of abobe is for only persons who are British by birth??

Ayyubi72 · Post by **Ayyubi72** » Fri Dec 20, 2013 8:48 pm

maddyinlon wrote:
Ayyubi72 wrote: I am not quite sure if right of abode can be applied if parents are not British citizens yet. I believe right of abobe is for only persons who are British by birth??

Some non-British citizens can have right of above, but we are not concerned about that.

Every British Citizen has right of abode, does not matter about parents and does not matter about birth.

British Citizen=Right of abode. Simple.

Post by **Jambo** » Fri Dec 20, 2013 9:11 pm

The issue is not Right of Adobe but having another passport to place the Certificate of Entitlement in. As India doesn't allow dual nationality, unless you are dual national from birth, you wont have a valid Indian passport to use. In the OP case, an application for Registration was made so the child lost his Indian citizenship. He can't apply for RoA to be placed in a passport of nationality he lost.

Ayyubi72 · Post by **Ayyubi72** » Fri Dec 20, 2013 9:43 pm

Will the BHC be concerned about it? If not, then easiest way is to get ROA, and once in UK they can surrender child's passpot to HCI in UK. At least they can give it a shot.

Or, they can just keep researching and keep trying for a British Passport. If they do not provide what BHC asks to provide, they will never get a passport.

maddyinlon · Post by **maddyinlon** » Sat Dec 21, 2013 3:49 pm

Ayyubi72 wrote:Will the BHC be concerned about it? If not, then easiest way is to get ROA, and once in UK they can surrender child's passpot to HCI in UK. At least they can give it a shot.

Or, they can just keep researching and keep trying for a British Passport. If they do not provide what BHC asks to provide, they will never get a passport.

Hi Ayubi72 and Jambo,

Many Thanks for your inputs on this. I hope BHC will not be concerned, I have to call them on Monday and find out (hoping they will be able to answer!) if I can apply for right of Abode for my baby.

I have filled the RoA application from visa4UK website this morning and for RoA question (Please indicate how you qualify for the right of abode.) in the application form, following options were given:

Born in the UK before 01 Jan 1983*
Born in the UK after 01 Jan 1983*
Adopted in the UK*
Registered or naturalised as a British Subject, citizen of the UK and Colonies in the UK on or after 01 Jan 1983*
Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or after 01 Jan 1983*
A citizen or the UK and colonies at birth and with a grandparent born, registered, naturalised or adopted in the UK*
A citizen of the UK and Colonies who was ordinarily resident in the UK for a continuous period of 5 years before 01 Jan 1983 and was settled in the UK at the end of that period*
A Commonwealth citizen whose mother was born in the UK*
A female Commonwealth citizen who is, or has been, married to a man with right of abode at any time before 31 Dec 1982 *
A citizen of the UK and Colonies woman who is, or has been married to a man with right of abode at any time before 31 Dec 1982

I believe "Registered or naturalised as a British Subject, citizen of the UK and Colonies in the UK on or after 01 Jan 1983*" is the right option in my case.

I would be really happy if this all works out....and hopefully it will help others too..

I'm not sure how long it is going to take.

Also, is there any reason why I can't apply Child visitor visa for my baby, and once my baby is here, I can straight away apply for British passport or RoA from UK.

Ayyubi72 · Post by **Ayyubi72** » Sat Dec 21, 2013 7:49 pm

Visa is restriction placed on a person. Ukba cannot impose restrictions on a British citizen. Just get ROW.[/u]

Post by **Jambo** » Sat Dec 21, 2013 8:55 pm

I would think the biggest hurdle is the citizenship eligibility which should be the same for passport or RoA so I'm not sure applying for RoA would be easier (but maybe I'm wrong. Maybe passports have more checks because of the extra freedom/rights the bearer has).

The child is British and has a Registration certificate to prove it. In the UK that is normally enough to get a passport. The BHC could ask for extra documentation because of the high fraud in Asia but this seems to be overlkill. You should complain like crazy and as I said get your MP involved.

Ayyubi72 · Post by **Ayyubi72** » Sat Dec 21, 2013 9:55 pm

Let me tell you from my personal experience of someone I know, and I have been to MP with him and all sorts. Its been well over 2 years and his child does not have a passport. This guy has gone through all procedures, including dna testing etc. If a document is required, it is required. MP's letter cannot change a requirement. Forget India, read the post of a guy in UK who has been waiting for passport for more than six months and MP has been invloved, and still no result.

Another guy had to wait 11 months for his kids passport from Pakistan.

Plus passports in India are processed in Hong Kong, so communication back and forth also causes delay.

ROA is issued by BHC, and any problems can be sorted straight with BHC.

No one should ever for a British Passport from India, Pakistan,

Bangladesh and other Asian countries.

specy_99 · Post by **specy_99** » Sat Dec 21, 2013 10:54 pm

Correction*

They don't send applications to HongKong anymore....from 25th Nov and applications are sent straight to the UK!

I am getting really tired of their procedures!

Ayyubi72 · Post by **Ayyubi72** » Sat Dec 21, 2013 11:18 pm

Most of the times people put themselves in difficult situations. If they spend 10 minutes to look for the information before hand, many of the problems could be avoided.

There are regular posts from many people specially from Indian subcontinent with the same exact position. Child back home, British Citizenship, cannot get passport, can't travel back to UK.

All passport applications (for practical reasons) must be made while the applicant is in UK.

Rather than just going to India with child, if OP had spent 10 minutes to get info online, then he would have known it is tough from India. He should have got child's passport before taking the child to India. Child's passport can be applied using same day service too.

rivercam · Post by **rivercam** » Sun Dec 22, 2013 2:34 pm

maddy,
If you are making ROA does child needs to attend vfs and need to give biometric etc? please let me know so that I will prepare the application.

maddyinlon · Post by **maddyinlon** » Sun Dec 22, 2013 2:55 pm

rivercam wrote:maddy,
If you are making ROA does child needs to attend vfs and need to give biometric etc? please let me know so that I will prepare the application.

Hi Rivercam,

I believe child needs to attend VFS as per this link, but bio metric is not required.
I will speak BHC, chennai and VFS on Monday to ask more questions about RoA (hopefully they will know some thing about this) and post the information here if I have any.

Also, please let me know if you apply.. Thank you! I really hope this will work for us.

maddyinlon · Post by **maddyinlon** » Sun Dec 22, 2013 3:28 pm

Ayyubi72 wrote:Most of the times people put themselves in difficult situations. If they spend 10 minutes to look for the information before hand, many of the problems could be avoided.

There are regular posts from many people specially from Indian subcontinent with the same exact position. Child back home, British Citizenship, cannot get passport, can't travel back to UK.

All passport applications (for practical reasons) must be made while the applicant is in UK.

Rather than just going to India with child, if OP had spent 10 minutes to get info online, then he would have known it is tough from India. He should have got child's passport before taking the child to India. Child's passport can be applied using same day service too.

Yes, I agree that I have put my self in difficult situation. I should have applied for dependent of settled persone visa for my child as well along with my wife. But, after seeing this post, I thought it would be easy to apply BP from India.

Anyways, I can't revert back to back now except feeling regret. Just hope RoA will work for us and Thanks to you for giving this suggestion.

maddyinlon · Post by **maddyinlon** » Sun Dec 22, 2013 11:59 pm

I may be asking a dumb question here, since my child registered as a British Citizen (i.e., Naturalization), does his nationality becomes British or still he got Indian nationality?
Obviously, there is question in RoA application, nationality of applicant and any other nationality applicant holds..

rivercam · Post by **rivercam** » Wed Dec 25, 2013 11:54 am

maddy
Any updates with your ROA application?

maddyinlon · Post by **maddyinlon** » Wed Dec 25, 2013 8:13 pm

rivercam wrote:maddy
Any updates with your ROA application?

My wife will apply from India on 30th Dec. Hoping for the best...&#55357;&#56842;

WP2008 · Post by **WP2008** » Sun Dec 29, 2013 5:52 am

Dumb question.

Why cant the child's father apply for the passport in UK and courier it to India? What am I missing?

rivercam · Post by **rivercam** » Tue Dec 31, 2013 12:57 pm

maddy
surprisingly the mandatory requirement of parent's passport disappered on the list of supporting documents and you can include Any of the 4 documents from the list. I reapplied today without parents passports and see what happens this time but we included child and mothers aadhar card showing same address also included wife's indian driving licence, voter id, PAN card, Indian bank statements, colour photocopy of Residencw permit etc. this is going to be my final try and will update you if I hear anything.

maddyinlon · Post by **maddyinlon** » Tue Dec 31, 2013 1:31 pm

rivercam wrote:maddy
surprisingly the mandatory requirement of parent's passport disappered on the list of supporting documents and you can include Any of the 4 documents from the list. I reapplied today without parents passports and see what happens this time but we included child and mothers aadhar card showing same address also included wife's indian driving licence, voter id, PAN card, Indian bank statements, colour photocopy of Residencw permit etc. this is going to be my final try and will update you if I hear anything.

Hi Rivercam,
I have checked supporting document guidence and it is still listed that parents passports should be submitted from Table B.
I just realized, we dont even need that Table B documents as child is already naturalized, but BHC is asking for them which is strange.
Anyways, there is no reason for them to send back your documents again this time.
Thanks for posting on this space, one of friend is also in same situation as of ours. May be this will help him.
My wife applied for baby's RoA yesterday. Fingers crossed!

maddyinlon · Post by **maddyinlon** » Tue Dec 31, 2013 1:59 pm

WP2008 wrote:Dumb question.

Why cant the child's father apply for the passport in UK and courier it to India? What am I missing?

That would be a sneaky option, I recently came across some people who did that and they got British passport for their child.
But, I wouldn't dare to take that risk.
As per UKBA site, child/person should be present in UK in order to apply british passport from UK. Check this link.

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British Passport for UK born Child from India - Very tough!

British Passport for UK born Child from India - Very tough!

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Re: British Passport for UK born Child from India - Very tou

Re: British Passport for UK born Child from India - Very tou

Re: British Passport for UK born Child from India - Very tou