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Dielamma whether to go for ILR or BC for baby

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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CD_April2013ILR
Junior Member
Posts: 76
Joined: Mon Jan 28, 2013 5:18 pm

Dielamma whether to go for ILR or BC for baby

Post by CD_April2013ILR » Tue Apr 02, 2013 5:07 pm

Hi,

My wife is due for delivery on 2nd April, 2013 but still there were no signs of delivery. We are expecting it to be delayed by 1 week.

We are going for ILR PEO appointment on 5th April, 2013. If everything went fine and we both got ILR, can I apply for ILR for my baby as well later or should I apply only for BC?

Why I am asking this quesiton is because we are planning to move to India in 2 or 3 years. If I apply for BC for the baby I need to pay NRI fees for the baby or is there any other way that I can keep the Indian citizenship for my baby.

Please help in this regard as I am very confused what to do...

Regards
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vinny
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Posts: 32939
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 02, 2013 5:15 pm

If your baby is born in the UK after you are granted ILR, then baby is automatically British.

See also Right of abode for baby.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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CD_April2013ILR
Junior Member
Posts: 76
Joined: Mon Jan 28, 2013 5:18 pm

Post by CD_April2013ILR » Tue Apr 02, 2013 5:29 pm

Thank you Vinny for the prompt reply.

Can you please let me know what is the difference between "certificate of entitlement" and "right of abode". I have gone through the website. it says in order to apply right of abode you need to have BC. But I want to surpass this and make sure the baby can enter UK later if the baby requires. so what is the best way to not pay NRI fees in India but enter later to UK. Should we apply for Indian passport + Right of Abode or certificate of entitilement.

Please suggest. Thank you
Regards
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vinny
Moderator
Posts: 32939
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 02, 2013 5:35 pm

A "Certificate of Entitlement to the Right of Abode" is a sticker put in a passport, stating that the passport holder has the Right of Abode.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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CD_April2013ILR
Junior Member
Posts: 76
Joined: Mon Jan 28, 2013 5:18 pm

Post by CD_April2013ILR » Tue Apr 02, 2013 5:45 pm

Thank you Vinny,

Can you please let me know if I follow the below steps for my baby visa after we got ILR

1) Apply for Baby Indian Passport
2) Apply for baby naturalisation certificate
3) Apply for baby Certificate of Entitlement

Then the baby would continue to be Indian citizen but can enter UK anytime later till the passport contains valid certificate of entitlement.

Is my understanding is right? Please correct me if I am wrong.

Thank you

Regards
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vinny
Moderator
Posts: 32939
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 02, 2013 5:49 pm

If the baby is registered as a British citizen (in 2 above), then I'm not sure that baby may still continue to be Indian.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Apr 02, 2013 5:55 pm

India doesn't allow dual nationality. The only way for the child to keep both nationalities is to be born British and not to apply for a British passport. Only Indian passport with certificate of entitlement. The child will be British from birth only if born in the UK after you have ILR.

If born before you have ILR, the child is not British. If you would like him to become British, you will need to make an application to register him as British. This will make him lose his Indian citizenship.
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CD_April2013ILR
Junior Member
Posts: 76
Joined: Mon Jan 28, 2013 5:18 pm

Post by CD_April2013ILR » Tue Apr 02, 2013 6:40 pm

Thank you Vinny and Jambo.

Regards
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