Renewal of Right of Abode Application Question

[ric1982]

Hi,

What are the visa options for the child born in UK with both parents british?

I know you can apply for Right of Abode but it could take upto 6 months. We have plan to travel abroad so what is the other option so that we can get UK visa in short time? The applicant is Indian Citizten and 5 year old. The applicant is in UK.

Thanks,

[CR001]

Why not apply for a British passport?

Is this child a different child to the one you asked about in your other posts?

other-countries/oci-renewal-for-new-bri ... l#p1542865

[ric1982]

Thanks We have thought about this but longer term we will not be in UK and think its best not to go for this as its a one way street.

No its same child but I am just trying to see if there are other visa options which are quicker to get and later on we can apply for ROA.

Thanks

[secret.simon]

In the other thread, it is mentioned that the child has a British passport.

If the child has already received a British passport, his Indian citizenship may have already terminated automatically.

The acquisition of another country's passport is also deemed under the Citizenship Rules, 1956 to be voluntary acquisition of another country’s nationality. Rule 3 of Schedule III of the Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his/her having voluntarily acquired the citizenship of that country before that date". Again, this rule applies even if the foreign passport was obtained for the child by his or her parents, and even if possession of such a passport is required by the laws of a foreign country which considers the child to be one of its citizens (e.g., a US-born child of Indian parents who is automatically deemed to be a US citizen according to US law, and who is therefore required by US law to have a US passport in order to enter and leave the US). It does not matter that a person continues to hold an Indian passport. This rule seemingly even applies if the foreign nationality was automatically had from birth, and thus not voluntarily acquired after birth. Persons who acquire another citizenship lose Indian citizenship from the date on which they acquire that citizenship or another country's passport. The prevailing practice at a number of British diplomatic posts, for example, is to impound and return to the Indian authorities the Indian passports of those applicants who apply for and are granted British passports.

A British citizen cannot be subject to a visa under the Immigration Act 1971. If the child is a British citizen, s/he cannot be issued with a UK visa. The only alternatives are a British passport or a CoE-RoA on a valid foreign passport.

If your child has recently had her British passport renewed, she also cannot apply for a CoE-RoA. A CoE-RoA is only issued if the applicant does not have a British passport.

[ric1982]

Not sure which post are you referring to (may be a misunderstanding at my end) but child has not got British Citizenship or Passport. She only got Indian Citizenship and Indian Passport.

[ric1982]

Hi,

I was wondering if someone could help me with renewal of ROA application?

Its for 5 year old daughter who is Indian citizen (Born in 2013). Got her new Indian passport hence need to make fresh application for ROA.
Father and mother British Citizen.

- Do we need to send old passport with the application?
- Do we need to send marriage certificate with the application (Its an Indian Marriage certificate in English)?
- Section 3 declaration (who needs to sign) ?
- Do we need to send prepaid envelope for return of the documents?

Also what are the current timelines?

Thanks

[ajitk1]

You seem bent on depriving your child from obtaining BC. Of course its your choice. Since you have BC yourself, she will be able to obtain BC even later. Its automatic until the age of 18 by registration. Whatever long term thinking you have is muddled.
She can decide on her nationality at 18 until which time she can hold dual citizenship.
You have asked this question before and people have tried giving suggesting. However you keep asking without realising we are not professionals and can advice only by our own experience. If you are so determined to get an answer suitable to your thinking this is not the place. Best you go to a paid solicitor.

[secret.simon]

Not sure which post are you referring to (may be a misunderstanding at my end) but child has not got British Citizenship or Passport. She only got Indian Citizenship and Indian Passport.

Is this child a different child to the one you asked about in your other posts?

other-countries/oci-renewal-for-new-bri ... l#p1542865

No its same child but I am just trying to see if there are other visa options which are quicker to get and later on we can apply for ROA.

I am planning to apply for OCI renewal for my 6 year old who already has OCI. She just got her British Passport renewed recently.

[ajitk1]

Simon is with MI5!!!!!
Ric if you want assistance you NEED to tell the truth.
Dont mess around with other people's generosity. These moderators are unpaid
they help to the best of their knowledge but you behaving oversmart by saying
misunderstanding on my side. That was from Oct 2017. After 8 months a 6 yr old child has become 5. Stop treating people like fools. It seems its your hobby.

[ric1982]

I am not lying or misleading anyone here. I have two kids. One's got OCI and other is still on Indian Passport. The reason why we keep this way is personal. However if you must know due to family reason we may have to go back home. This was not in plan earlier (when we got our BC). The fact is that giving up Indian nationality is one way street and there are other issues with living with foreign nationality in India such as pay NRI fees etc back in India. No one is depriving anyone from their rights here. Like you said when they turn 18 they will have a choice to do what they like.

I really do appreciate everyone helping out I really do. But please try not to read too much into other threads they are true in their own contexts. I have nothing to gain from misleading anyone of you.

[secret.simon]

Thank you for clarifying. The confusion arose because you mentioned above that it was the same child as had the British passport & OCI.

If the child is a British citizen by birth (such as by being born in the UK after one parent got ILR), the only option is for either a CoE-RoA or a British passport. As a British citizen, s/he cannot be issued a visa to enter and reside in the UK.

If the child is not a British citizen by birth, what visa is s/he currently resident on in the UK?

She can decide on her nationality at 18 until which time she can hold dual citizenship.

That is only true if the child was born a dual British/Indian citizen AND never held a British passport until the age of 18 (Holding a CoE-RoA in an Indian passport is apparently fine).

If the child acquired either British citizenship (via registration) OR a British passport after birth, their Indian citizenship will be automatically terminated even before the age of 18 and s/he does not get to choose a citizenship at the age of 18.

So, the child who has a British passport and OCI has lost their Indian citizenship and cannot now move to an Indian passport and CoE-RoA.

The child who has an Indian passport can apply for a CoE-RoA if s/he is also a British citizen by birth.

If the child who has an Indian passport is not a British citizen by birth, we will need further information from you to advise you further.

Since you have BC yourself, she will be able to obtain BC even later.

Again, not always true. In general, children can only acquire status from their parents before the age of 18 and are on their own after that age, except in very limited and specific circumstances.

But please try not to read too much into other threads they are true in their own contexts.

All threads and posts written by you will be read together to draw a fuller picture of your circumstances, which may be relevant to answering your current query, even though those details are not listed in your current query. The lesser information you provide, the more inaccurate the advice.