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Citizenship for a ILR couple where child is born in India

Posted: Sat Apr 13, 2013 6:41 am
by harry7476
Hi,

We are planning a family and have just received a ILR. My query is:

- If while I am on ILR what happens to the child's citizenship if my wife (again a ILR holder) goes to India for the delivery.

What is the child's status when her mother (on ILR) comes to the UK sometime in 2014?

By the time mother and child come back I have the option of applying for the citizenship. Also my wife might be in India but could be eligible for citizenship by the time she decides to bring the child (the due date might still be when she is on ILR).

Thanks for the assistance.

Posted: Sat Apr 13, 2013 7:48 am
by vinny
Child born overseas to non-British parents will not be British. Child may apply for a visa prior to going to the UK.

Posted: Sat Apr 13, 2013 7:53 am
by John
By the time mother and child come back I have the option of applying for the citizenship.
Is there any chance that you could be British by the time of the birth?

Also appreciate that if the child is born in the UK, the child will be British automatically from the moment of birth.

Posted: Sat Apr 13, 2013 11:48 am
by harry7476
What happens to the child's visa if the parents become British. But the child is born in India while mother has a ILR.

Does this mean that the child is eligible for citizenship automatically?

The way we anticipate the child will be born while on ILR and planning to have the delivery in India.

Thanks Vinny and John.
vinny wrote:Child born overseas to non-British parents will not be British. Child may apply for a visa prior to going to the UK.
By the time mother and child come back I have the option of applying for the citizenship.

Posted: Sat Apr 13, 2013 11:59 am
by vinny
harry7476 wrote:What happens to the child's visa if the parents become British. But the child is born in India while mother has a ILR.
Nothing will happen to child's visa if the parents become British.
harry7476 wrote:Does this mean that the child is eligible for citizenship automatically?

The way we anticipate the child will be born while on ILR and planning to have the delivery in India.
No. Child's British citizenship registration will be subject to discretion (3(1)).

Consider having child born in the UK.