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Born outside UK to British Father
Posted: Thu May 03, 2018 8:44 pm
by gujalls
Hi,
I am confused with all the details that has been given in the home office website and other related guides and links. Also went through different topics in this Forum - still I'm unclear. Hence posting this query.
Myself british citizen (got this status through HSMP/ Tier 1 -> ILR -> Naturalization -> British Passport)
My wife has ILR. She went back to India to have her delivery in India.
Blessed with Baby Girl.
Query is -
1) Can I apply British Citizenship for the baby as I'm British citizen?
2) If so what form to be used - MN1 or S2 or ?
3) Process / documents required
Thanks for your response and guidance on this topic.
Much Appreciated
Re: Born outside UK to British Father
Posted: Thu May 03, 2018 8:46 pm
by CR001
The child is automatically British by descent and can apply for a British passport directly or CoE/RoA in an Indian passport.
British passports from India can take 6-12 months.
Re: Born outside UK to British Father
Posted: Fri May 04, 2018 6:33 am
by gujalls
Thanks very much for the quick response.
Am I ok to apply for Indian Passport -> get Dependent Visa for the child and once they reach UK then apply for the British Passport? Is this process ok? - Assuming this process should take less than a month.
Or Should I apply only for British Passport from India (since India does not allow dual citizenship)
Thanks for the response.
Re: Born outside UK to British Father
Posted: Fri May 04, 2018 6:37 am
by secret.simon
Assuming that the mother is an Indian citizen, the child can be born a dual British/Indian citizen and can apply for an Indian passport, followed by a
CoE-RoA.
Children can be born with dual Indian/foreign citizenship and have both till the age of 18. It is only acquisition after birth that is not allowed.
Re: Born outside UK to British Father
Posted: Fri May 04, 2018 1:12 pm
by gujalls
Very helpful.
I went through the link for applying CoE/RoA and finally saw the below in the website.
Apply from outside the UK
You must apply online using the ‘Apply for a UK visa’ service.
A certificate of entitlement costs £388 outside the UK.
Link to above reference
However going through the link and applying online doesn't give me an option to apply for "CoE" and the only option provided is to apply for settlement visa which cost around coming around £1500.
Child or Other Dependant of Settled Person 146139 INR
Please can you help me direct to the right place.
Much Appreciated
Re: Born outside UK to British Father
Posted: Fri May 04, 2018 1:16 pm
by CR001
You need to select :
Reason for Visit : Other
Visa Type : Other
Visa Sub Type : Right of Abode Certificate of Entitlement
Re: Born outside UK to British Father
Posted: Fri May 04, 2018 2:14 pm
by gujalls
Hi,
I don't see that option - below is the what i get
1 Select the country you are making your application from
India
2 Select the visa category you would like to see fees for
Other
3 Select the visa type you would like to see fees for
Other visas
4 Select the visa sub-type you would like to see fees for
Choose show all to view all fees for Other visas or choose a particular sub-type to find out more about its fees.
Options available are
show all
FCO Strategic performance fund and bilateral projects
Single entry visa to replace a biometric resident permit
Thanks for your kind response
Re: Born outside UK to British Father
Posted: Fri May 04, 2018 2:35 pm
by CR001
What link are you applying through??
https://www.gov.uk/apply-uk-visa
This one??
Apply for a tourist or short stay visa
You can apply using the Access UK service for a:
Standard Visitor visa
Marriage Visitor visa
Permitted Paid Engagement visa
Apply for all other visas
Apply using the Visa4UK service for all other visas, including study and work visas.
Or this one?
Create an account on Visa4UK to apply for the first time.
Sign in to Visa4UK to apply if you already have an account.
I logged in and got the selection I have said (other/other/ROA)
Re: Born outside UK to British Father
Posted: Fri May 04, 2018 2:37 pm
by CR001
You appear to be selecting options to see fees and not to apply.
Re: Born outside UK to British Father
Posted: Sat May 05, 2018 7:57 am
by gujalls
Hi,
Thanks very much - i saw the option when I applied it through the online application.
There is a question asking "How do you qualify for the right of abode?"
And the below were the options provided - which I don't think there is any option that I can select.
1. Born in the UK before 01 Jan 1983*
2. Born in the UK after 01 Jan 1983*
3. Adopted in the UK*
4. Registered or naturalised as a British Subject, citizen of the UK and Colonies in the UK on or after 01 Jan 1983*
5. Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or after 01 Jan 1983*
6. A citizen or the UK and colonies at birth and with a grandparent born, registered, naturalised or adopted in the UK*
7. A citizen of the UK and Colonies who was ordinarily resident in the UK for a continuous period of 5 years before 01 Jan 1983 and was settled in the UK at the end of that period*
8. A Commonwealth citizen whose mother was born in the UK*
9. A female Commonwealth citizen who is, or has been, married to a man with right of abode at any time before 31 Dec 1982 *
10. A citizen of the UK and Colonies woman who is, or has been married to a man with right of abode at any time before 31 Dec 1982
For me the option 5 was the closest - however the later part of the option says 'which occurred outside the UK on or after 01 Jan 1983' confused me. Coz I was naturalized inside UK. Am I reading this wrong?
Is this correct option? Or is there anything else I should select?
Thanks for your wonderful support
Re: Born outside UK to British Father
Posted: Sat May 05, 2018 8:27 am
by vinny
5. Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or after 01 Jan 1983
The "
which" refers to "your", the applicant's (baby) birth, being born outside the UK.
nationality for ROA
Posted: Fri May 25, 2018 7:36 am
by gujalls
Got confused while filling the application form for filling the nationality. Should it be British or Indian.
The child has Indian passport - so as per the travel document it's Indian but the child is British as the father is British.
"Passport and Travel Information
1. Nationality - British
And say there is another nationality as Indian.
Will that be correct?
Your help is very much appreciated !!
Re: nationality for ROA
Posted: Fri May 25, 2018 7:39 am
by secret.simon
If the child was born with both nationalities, put in both.
The child would only be issued a CoE-RoA if it were British. Therefore, you would want to mention the British citizenship as well.
Re: nationality for ROA
Posted: Fri May 25, 2018 9:56 am
by gujalls
Should I put the nationality as Indian first since its mentioned so in the travel document and put other nationality as British... or should i put British as first and other nationality Indian as second?
Also in the permanent residence address - should I give the UK address? since the child will be living in UK or should i give Indian address.
And there is a question asking how long they have been in this address.
Please help me to put in the right answer.
Your inputs are very valuable