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Babies born abroad to ILR parents

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

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zeba_s7
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Joined: Tue Jun 08, 2010 8:23 pm

Babies born abroad to ILR parents

Post by zeba_s7 » Tue Jun 08, 2010 8:37 pm

Hi:
I have got two queries about Birth Registration and British Passport for our babies (twins) who were born on 1st June 2010.

I and my husband have been issued ILR (Indefinite Leave to Remain) in Jan 2010. Due to my husband's work assignment (working full time employee at BT, London), we had to come down to India for six months starting April 2010. I was pregnant when I came down to India and as mentioned we were blessed with twins on 1st June 2010.

I understand that babies born in UK are eligible for British Passport automatically to parents with ILR status. We missed on this great opportunity for our babies given we had to move to India for my husband’s international assignment for a "British" company. We did take legal advice from immigration lawyers in UK before travelling to India and were suggested that we register our child’s birth with UK consulate in India. I enquired with UK consulate in India and they disagreed with my assumption. Could you please confirm the same for us and tell us what process and documentation should we follow for the same? We believe this has to be looked at as special case rather than general rule given we missed for our husband’s international assignment. Are there any examples of such exceptions which could help us.

Many thanks in advance.
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mrlookforward
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Post by mrlookforward » Wed Jun 09, 2010 12:14 am

They can be registered as British Citizens at discretion, not guaranteed though. If your husband was posted in India and employed by a British company at that time, then you might have a good chance.
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JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Jun 09, 2010 1:08 am

mrlookforward wrote:They can be registered as British Citizens at discretion, not guaranteed though. If your husband was posted in India and employed by a British company at that time, then you might have a good chance.
I suspect the Home Office will probably take the view that ILR is good enough for the child until one of the parents becomes British.

But read the Nationality Instructions, it's all in there.
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zeba_s7
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Posts: 5
Joined: Tue Jun 08, 2010 8:23 pm

Post by zeba_s7 » Wed Jun 09, 2010 3:56 pm

When you say Nationality instructions, Is there a link or so that I could refer to? Thanks.
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f2k
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Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Wed Jun 09, 2010 9:23 pm

zeba_s7 wrote:When you say Nationality instructions, Is there a link or so that I could refer to? Thanks.
Have a look at the Registration of minor's chapters
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