RE: British Citizenship from india

[sen3577]

I am in currently in UK and my wife is temporarily in India and we just had our second child born in India. Both me and my wife and our first child are british citizens. I have couple of questions

1) As my job is in UK and I cannot spend extended time in India, How could I send across my british passport with my second child citizenship application as I live in UK. Will a photo copy be sufficient.

2) For reference Can I get it signed from someone who is a british citizen and based in UK or should it be only a British Citizen living in India.

[CR001]

1. Can your wife not submit her British passport (copy)? Copies are sufficient.

2. Any British citizen but they must at least know the child.

You do realise that the passport is processed in the UK and the waiting time in India can be 6-12 months for the passport.

[sen3577]

Thanks CR0001. My wife can definitely submit my passport copies.

Do I need to get my passport copies attested by a solicitor in UK or will be a simple coloured photo copy will be sufficient.

[sen3577]

Could someone please answer my question as whether passport copy should be attested by a UK Solicitor.

Also for the counter signatory for the child, can it be a Indian professional or should it be only a British Citizen?

[secret.simon]

Also for the counter signatory for the child, can it be a Indian professional or should it be only a British Citizen?

India is still a member of the Commonwealth of Nations, so an Indian professional should do. See Page 11.

Expect 6-12 months for the passport.

[sen3577]

Thanks Secret Simon.

In the guidelines it's been mentioned that if a British Citizen acts as counter signatory, the application will be processed quickly.

I have friends in UK who are british citizens and happy to provide counter signatory for the 14 day old baby born in India.

Are they allowed to provide reference even though they have not seen the baby as the baby is in India. They are known to me and my wife for the past 10 years.

[CR001]

In the guidelines it's been mentioned that if a British Citizen acts as counter signatory, the application will be processed quickly.

Where exactly does it say this? It makes no difference, applications from India take long as secret.simon has already advised.

[secret.simon]

It actually does say so on Page 11 of this document.

But I am fairly certain that it is a requirement for the referee to have met the applicant (in this case, the baby, not you). I would doubt that getting a British citizen to countersign the application would be acceptable. That may in fact slow down the application if the countersignatory is in the UK and the baby has never left India. Of course, if there is a British citizen in India who is in the list of acceptable professionals and who is not related to the baby, s/he can be a referee.

Besides, most applications overseas are taking longer than 6 months at the very least. So, I would factor that in as a working presumption anyway, regardless of the nationality of the referee.

[sen3577]

Both me and my wife are British Citizens. Also our first child is a British Citizen. My wife gave birth to our second child in India.

However at the time of conception of my child my wife was holding an Indian Passport with Indefinite Leave to remain.

My child application is with hmpo and they asked me to provide Indian passport. I am concerned whether being on an Indian passport with ILR at the time of childs conception and applying for a British Passport from abroad will result in an cancellation of my child's application. Could you please advise me.

[CR001]

Time of conception has no bearing on whether a child is British or not and the immigration of the mother is irrelevant at that time.

What was your immigration status at the time of the second child's birth?

Where is the child now?

What is the visa status of the child if in the UK?

[CR001]

It would have been useful if you had continued in your topic you already had. The two have been merged now.

[CR001]

If you listed the Indian passport details in the British passport application form, you should have sent the Indian passport with the application.

[sen3577]

Time of conception has no bearing on whether a child is British or not and the immigration of the mother is irrelevant at that time.

What was your immigration status at the time of the second child's birth?

Where is the child now?

What is the visa status of the child if in the UK?

Thanks CR001.

Both me and my wife were british Citizens at the time of second childs birth

Second Child is in India (child is 5 months old).

Will there be any problems in getting british passport for our second child.

[CR001]

If you listed the Indian passport details in the British passport application form, you should have sent the Indian passport with the application.

Can you answer this please.

[sen3577]

If you listed the Indian passport details in the British passport application form, you should have sent the Indian passport with the application.

Can you answer this please.

British Passport copies of me and my wife were provided when the application were submitted in the first instance. i didnt mention about Indian Passport when the original application was submitted as I didnt know about conception.

At the time of conception I was holding british passport but my wife was in ILR (Indian Passport).

I got an letter from HMPO asking for passport held at the time of conception and we have provided the Indian Passport copies of my wife as additional documents.

[CR001]

I am asking about whether you mentioned the CHILD'S Indian passport in the application form.

I have no clue why they would ask about status at time of conception. It is status at time of birth that is important.

[sen3577]

I am asking about whether you mentioned the CHILD'S Indian passport in the application form.

I have no clue why they would ask about status at time of conception. It is status at time of birth that is important.

Child doesn't have any passport. Child is 5 months old.

As we both are British, I applied only for British passport.

[CR001]

Then I don't know. Provide what you have and wait and see.

[sen3577]

My first child holds a british passport. My wife had just ILR when we applied for the first child British passport. we applied that from UK.

Is there any chance that they can deny british passport for my second child just on the grounds that he was born in India and not in UK and mother had ILR at the time of conception.

[noajthan]

My first child holds a british passport. My wife had just ILR when we applied for the first child British passport. we applied that from UK.

Is there any chance that they can deny british passport for my second child just on the grounds that he was born in India and not in UK and mother had ILR at the time of conception.

What's with this obsession with 'time of conception'?
The mind boggles.
- how would anyone even prove that happy moment?

There must be some fundamental misunderstanding going on here.
Who is asking for this 'information' & for what purpose?

Can you quote the specific wording of the question?

For a child born to a BC other than by descent (eg a naturalised citizen such as you the father) then the foreign-born child is (in my understanding) British by descent.
Only one parent has to be British. You are so its job done.

[sen3577]

I was reading the guidelines and it contains a note as below.

Born on or after 1 January 1983
• both parents’ full birth certificates (showing both the child’s and parents’ details) or both parents’ naturalisation or registration certificates; and
• parents’ marriage certificate (this does not apply for those born on or after 1 July 2006); and
• both parents’ passports at the time of the applicant’s conception

[sen3577]

My first child holds a british passport. My wife had just ILR when we applied for the first child British passport. we applied that from UK.

Is there any chance that they can deny british passport for my second child just on the grounds that he was born in India and not in UK and mother had ILR at the time of conception.

What's with this obsession with 'time of conception'?
The mind boggles.
- how would anyone even prove that happy moment?

There must be some fundamental misunderstanding going on here.
Who is asking for this information & for what purpose?

The guidelines mention this one

Born on or after 1 January 1983
• both parents’ full birth certificates (showing both the child’s and parents’ details) or both parents’ naturalisation or registration certificates; and
• parents’ marriage certificate (this does not apply for those born on or after 1 July 2006); and
• both parents’ passports at the time of the applicant’s conception

[noajthan]

The guidelines mention this one

Born on or after 1 January 1983
• both parents’ full birth certificates (showing both the child’s and parents’ details) or both parents’ naturalisation or registration certificates; and
• parents’ marriage certificate (this does not apply for those born on or after 1 July 2006); and
• both parents’ passports at the time of the applicant’s conception

I presume that extract is from passport guidance for overseas applicants (?)
What version/date of document is it

In the equivalent guidance for applications filed in UK it simply says:

Born on or after 1 January 1983
One of your parents’ birth certificates or naturalisation or registration certificates

If this is your father, his marriage certificate to your mother (This does not apply for those born on or after 1 July 2006.)

Ref https://www.gov.uk/government/uploads/s ... ssport.pdf
- see page 16, Table B

Note the absence of any prurient interest in the conception in the somewhat strait-laced UK version.

I suspect the guidance you refer to is either out of date &/or incorrect.

[secret.simon]

The latest guidance notes (dated September 2015) have been completely rewritten to remove all references to the date of conception, except in the case of children born via assisted reproduction.

[Richard W]

If you experiment with the link and country pick list at Overseas British passport applications, you will find that there are three different lists:

Group 1, Group 2 and Group 3. For Afghanistan (the default overseas location) and India one is directed to Group 3, but for Thailand one is directed to Group 2. Only Group 3 asks for "both parents' passports at the time of conception".

Conceivably this relates to what information is provided on birth certificates. Alternatively, the lists simply haven't been updated properly.