PIO Application Form - Need help - Please advise

[orange01]

Hi Guys,

I am in a process of filling PIO application for my son who is born in the UK in January this year. In June this year we obtained our ILR. While filling PIO application it ask for Nationality (at the time of Birth) in point number 8 and in the following point number 9 it ask for Present nationality.

We didn't apply for our son's Indian passport when he was born. We directly applied for his registration as British citizen after our ILR. My question is what do I need to write as his Nationality at the time of birth?

Please advise.

Thanks
Maddie

[z18runway]

Indian

[ban.s]

Did you register the birth of your child with HCI?

Though eligible for Indian citizenship under section 4 but unless the birth was registered with HCI, the child would not be Indian just by virtue of this section. In my opinion, technically, the child had no nationality until registered as British u/s 1(3).

If you write previous nationlity as Indian, then for PIO application, you may also need to provide evidence of citizenship renunciation/surrender of passport.

Is there any option to leave previous nationality as Blank?

[orange01]

Did you register the birth of your child with HCI?

Though eligible for Indian citizenship under section 4 but unless the birth was registered with HCI, the child would not be Indian just by virtue of this section. In my opinion, technically, the child had no nationality until registered as British u/s 1(3).

If you write previous nationlity as Indian, then for PIO application, you may also need to provide evidence of citizenship renunciation/surrender of passport.

Is there any option to leave previous nationality as Blank?

Thanks ban.s - no we didn't register our child's birth with HCI. We registered him as British citizenship just after our ILR and recently received his British passport.

I can leave previous nationality as blank but the very next question asks - 8 (a) Present Nationality (if different):__________________ (b) Date on which acquired: ______________________________

so if I write British in 8 (a) and write the date from his registration certificate in 8(b) - it’s kind of a conflicting question as to what was child's nationality before he was registered as British citizen?

[z18runway]

What is your son UK Birth certificate says ?

[ban.s]

I can leave previous nationality as blank but the very next question asks - 8 (a) Present Nationality (if different):__________________ (b) Date on which acquired: ______________________________

so if I write British in 8 (a) and write the date from his registration certificate in 8(b) - it’s kind of a conflicting question as to what was child's nationality before he was registered as British citizen?

Though he was eligible for Indian citizenship but as you didn't register his birth so technically he was not an Indian citizen. Moreoever, if you do mention his previous nationality as Indian, that means he is eligible for PIO on his own right and then you need to provide evidence of previous citizenship etc.
I would leave the section as blank and add a covering letter explaining the reason. For your reference you can read 4. Citizenship by descent.
In this case the child is eligible for PIO on the basis on his parent.

[pragneshmpatel]

Hi,
I am in the same situation. my daughter is born in july. and i did not register her at hci. i got ILR and registered her as british and applied for her british passport.
What did you filled in your form?

8. Nationality (at the time of birth): ………………………...
9. (a) Present Nationality (if different): ……………….. (b) Date on which acquired: ………

[z18runway]

8. Nationality (at the time of birth): Indian
9. (a) Present Nationality (if different):British ……………….. (b) Date on which acquired: enter naturalisation date