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can child borned abroad apply for BC if parent get ILR
Posted: Wed Jan 05, 2011 3:43 pm
by Only yours
Hello,
my friend is on HSMP and getting ILR this year july. his wife and a child are in pakistan and never been here yet.
can he apply for his son british nationality straight away after getting ILR for himself, child and wife.
if not when can he apply for british nationality for his son.
thanks
Posted: Thu Jan 06, 2011 5:06 am
by Backer
No. If parent gets ILR than child needs to be born in the UK to be eligable for British citizenhip.
If so, parent can apply for his child only when he applies for his own citizenship and I beleive the child must be residing in the UK for this (but not sure).
Re: can child borned abroad apply for BC if parent get ILR
Posted: Sat Feb 07, 2015 11:19 pm
by RameshM
Any one advise me for the following situation.
Baby born in Nov'14 in UK ,Parents are Indian Citizens and going to apply an ILR in Feb'15, Baby is going to apply an Indian passport and travelling to India in Mar'15 with grand parents.
Question is :
Please advise whether the baby is eligible to apply British passport (or) Naturalisation from India or not ?
If eligible for British passport,what is the procedure and please explain the process and time periods for each stage.
Thanks
Child's dad
Re: can child borned abroad apply for BC if parent get ILR
Posted: Sun Feb 08, 2015 9:29 am
by milan69
As far as I know under Indian law you cannot have two passports.
Re: can child borned abroad apply for BC if parent get ILR
Posted: Sun Feb 08, 2015 12:08 pm
by secret.simon
As the child is born in the UK, s/he is entitled to British citizenship with registration under Section 1(3) after the parents get ILR.
After registration, if you apply for a British passport for them, they will automatically lose Indian citizenship and will need to surrender their Indian passport.
Alternatively, you can apply for a CoE-RoA in their Indian passport. That will allow them to retain their Indian passport until the age of 18, when they must decide which of their citizenhsips (British or Indian) they want to retain.
While I have not undergone this process, I understand from other threads on this forum that the whole process (registration and getting CoE-RoA) can take between 6 months to a year.
Re: can child borned abroad apply for BC if parent get ILR
Posted: Sun Feb 08, 2015 9:46 pm
by Jambo
secret.simon wrote:After registration, if you apply for a British passport for them, they will automatically lose Indian citizenship and will need to surrender their Indian passport.
Alternatively, you can apply for a CoE-RoA in their Indian passport. That will allow them to retain their Indian passport until the age of 18, when they must decide which of their citizenhsips (British or Indian) they want to retain.
This advice is not correct.
CoE-RoA is only applicable if the child is dual national from birth.
In this case, the child will lose his Indian citizenship as soon as his British citizenship application is approved.