Child born in India to ILR parents

[mouche202]

My husband was on a succession of WPs and Tier 2 permits between July 2005 and October 2010. I joined him on a dependant visa in August 2006. We both applied for ILR in October 2010 and have received it.

Our baby is due in early 2012 and I will be going to India for the delivery. Our plan was to apply for citizenship in October 2011 but as I will leave the UK in mid-November, this will not be possible.

I understand having the baby in UK will reduce visa complications for the baby but I am not interested in having the baby here for various reasons.

Could you please advise what the best course of action will be? As I understand it, our options are:

1. Apply for an Indian passport for the baby after it is born and then apply in India (Delhi) for settlement visa. Then apply for citizenship for all three of us after I become eligible (due to 90 days absence rule, I will have to wait for sometime before I can apply). How long will this take and what paperwork will we need to provide?

2. Will it help if my husband gets his citizenship separately? Not sure if that will be practical as he will be accompanying me to India in November and then again going to India for a few weeks when the baby is born.

Appreciate your advice.

Thanks and regards,
Mouche

[vinny]

Our plan was to apply for citizenship in October 2011

Will it help if my husband gets his citizenship separately?

If a parent is granted British citizenship (via naturalisation) before baby is born outside the UK, then baby will be British.

Consider applying via NCS to retain passport for traveling.

[mouche202]

Thank you vinny – after many calculations we have found that due to the time periods involved, it will not be possible for my husband to apply for British citizenship before the baby is born. So we have decided to go with the first option of applying for an Indian passport for the baby, getting settlement visa, and then all three of us applying for citizenship later.

That being the case, can someone advise what we will need to do to get the baby an Indian passport in Delhi? We are mainly concerned about the address proof. My husband and I do not have any address proof in India. My passport lists my permanent address as our current UK address; my husband’s lists his as his parents address in Calcutta. Should we get this updated to our current address in the UK (to add to the complications, we are probably going to move house 1 month before I leave for India)? Will this be sufficient as address proof in the UK – if not, what other proof should we provide? Will a foreign address be acceptable for Indian passport authorities in India?

As Indian citizens, I don’t see why our baby should not get an Indian passport but am worried about the red tape. It would really help if someone could advise on this matter. Also, if this Is the wron forum to ask this question, would appreciate if you could guide me to the right one.

[vinny]

See also Passport.

I suspect (13) that they will also need a current address in India for a person applying in India.

Out of curiosity, why aren't you interested in having the baby born in the UK?

[mouche202]

Mainly because I have a healing condition that means I would prefer to have a Caesarean. But you can't opt for a Caesarean here - at least not in my area. Besides, a few of my friends have given birth recently and they have all had horrendous experiences due to overstretched and understaffed hospitals.

I will be visiting the Indian High Commission to see if they can give further information. Thank you for your help.