Child Born in UK - Citizenship Queries

[karg_g]

Hello Friends,

Thanks for your sustained help. Our 2nd Child was born in UK in Nov 2015 before either of us had ILR. We will hopefully getting our ILR by end of Feb 2016. (So far all taxes paid, no benefits claimed, no issue with law etc.,). We are managing both our kids on our own and my partner would like to go to her mum's place for some support with our 2nd Child only. This would happen around Mid-March/Early April or so. My query is

1) Can I apply for Registration for my 2nd Child (Skipped ILR/Visa etc.,) before they leave ?
2) Can he give the bio-metrics in our home country ?
3) Is it better to give bio-metrics and then fly to India ?
4) Can I apply for the AN & Passport scheme together. I work in Southwark borough, so I can possibly go do the registration and passport application in one go.
5) Is it legal to apply for Indian passport after application for registration (i.e) to be British Citizen. Is it safe to apply for Indian passport before hand and then apply for Registration.
6) For kids once they are "registered", do I need to go to a ceremony on their behalf, or can I apply for passport either here or in India?
7) If option 3) is do-able, is it legal to carry my 2nd Child's passport with me, (once all the paper work and formalities are sorted) to India and then bring him back on British Passport. We can surrender his Indian passport in India if needed or will surrender here once in UK.

Any other routes, that's quick in terms of timelines, even if slightly expensive its Ok.

Many thanks

[secret.simon]

1) Can I apply for Registration for my 2nd Child (Skipped ILR/Visa etc.,) before they leave ?

Yes, as the child was born in the UK.

2) Can he give the bio-metrics in our home country ?
3) Is it better to give bio-metrics and then fly to India ?

The child's home country is the UK The latter option is the best.

4) Can I apply for the AN & Passport scheme together. I work in Southwark borough, so I can possibly go do the registration and passport application in one go.

You can apply at any NCS that offers the facility, not necessarily one where you live or work. You can also designate any council for the naturalisation ceremony, not necessarily one where you live or work.

5) Is it legal to apply for Indian passport after application for registration (i.e) to be British Citizen. Is it safe to apply for Indian passport before hand and then apply for Registration.

The child only becomes British after registration. So, you should be able to apply for an Indian passport after application, but before registration.
However, for children born in the UK, I believe that HCI London asks for a letter from the Home Office stating non-acquisition of British citizenship. So, you would be better off applying for the Indian passport before applying for British citizenship.

6) For kids once they are "registered", do I need to go to a ceremony on their behalf, or can I apply for passport either here or in India?

Apply for the passport directly. But be aware that passport applications from India are taking between 6 months and a year. Also, the child may have issues when leaving India if it is entering on an Indian passport and exiting on a British one.

Any other routes, that's quick in terms of timelines, even if slightly expensive its Ok.

My suggestion is , travel only after all the paperwork is done (i.e. the ILR is acquired and the child has been registered and got a British passport).

[noajthan]

6) Usually no ceremony for minor; certificate arrives, unceremoniously, in the post.

[karg_g]

Hi,

Thanks secret.simon and noajthan for your answers, much appreciated. I agree getting British Passport for the kid is the best option, however my eldest one starts school in Sep 2016. Hence my wife wants to spend couple of months at her mum's.

I was hoping they can leave to India, once bio-metrics is given here in UK. Looking at the timelines it seems registration is anywhere from 3-6 months, however bio-metrics should be done by the 1st month or so.

Once we get our 2nd Child registered successfully, can we apply CoE for RoA from India? I will get the registration document here and apply in one of VFS office back in India. I think its more expensive then going for British passport , plus it expires with every passport.

Thanks once again.

[karg_g]

Hi,

Thanks Sushdmehta and secret.simon. I learnt a lot from your writings. Looking at the scenario the best option would be to go for a British Passport.

My final question is, is it legal to take the British passport in hand once i receive it here and then bring back my 2nd Child on the British Passport.

@Sushdmehta: My 1st child will stay with me, until end of July. We will then travel to India (assuming i have gotten the passport by then) and return in the 1st week of September.
@secret.simon : In one of the post you said , there might be issue traveling on Indian passport and returning on British Passport, is that legal issues? Can it be sorted?

Thanks once again.

[secret.simon]

In one of the post you said , there might be issue traveling on Indian passport and returning on British Passport, is that legal issues? Can it be sorted?

Th issues that I refer to are issues with the Indian authorities. I believe (I could be wrong) that somebody in that situation may need an exit visa issued by the Indian authorities. There may also be issues at the immigration counter when exiting India that may cause you to miss the flight (I am sure you must be aware of the nature of Indian babudom in general and immigration staff in particular).

Your child's British citizenship and your ILR will not be affected.

[secret.simon]

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