Spouse visa refused/ Child to be born in India

[kapoork2]

Hi all, I am new here. I am naturalised British and my wife is Indian. My pregnant wife's spouse visa has just been refused while her long term visit visa is still valid for another 7 months. Spouse visa is refused by our mistakes. We are not sure if Home Ofiice will allow my wife to enter UK on remaining visit visa so we are not even trying . We cannot reapply for spouse visa for another 4 months now as I am changing my job. So our child will be born in India and will be British by descent. Can somebody please help answering the following:

1) If we decide not to register the child as British or not apply for British passport from India, can the baby travel to UK on Indian passport with a visit visa? If the answer is NO because the baby is automatically British, can we not say he could be automatically Indian too since birth would be in India to an Indian mother? Surely the baby will be entitled to Indian passport I would think?

2) if my wife gets a spouse visa later and child comes to UK as dependant on Indian passport, can the child still register as British citizen when in the UK ?


Thanks a lot !

KP

[vinny]

1. Child is automatically British.

A British citizen cannot be subject to grants of leave.

2. A British citizen cannot naturalise nor register as a British citizen.

[kapoork2]

Thank for your reply pal but it doesnt answer my question. I disagree with some of it too.

A child born abroad CAN register(its optional though) as British citizen(£150 fee) even if the child is automatically British but it is generally advisable to apply for British passport first from abroad. We DO NOT intend to do either.
https://www.gov.uk/register-a-birth

Another thing is The Indian Citizenship act states "A child born in India to atleast one Indian parent with the other parent NOT being illegal immigrant is Indian national". By this, I should be able to claim indian nationality for the child ? This is what i am asking.

If its useful, I DO NOT have OCI or POI.

thanks again

KP

[Londoner007]

Am guessing you want to have dual nationality for the kid so its easy to travel between UK and India. You can apply for ROA certificate which can be attached to the indian passport to allow kid to travel to UK. Once here you can then apply for British Passport.

What is your exact reasoning for not applying for kids British Passport if his entitled to it?

[kapoork2]

Londoner007 , thanks for replying.

We DO NOT want ROA/COE certificate or kids British passport as both of these could take well over 6 months. It took(COE) 8 months for a friend's child i know.

We want indian passport because

A)I want my child to be able to travel immediately after birth, Indian passport takes 2 weeks(well done India )
B) We might not apply for a spouse visa at all after my child's birth as due to family circumstances, as we are thinking about relocating to either India or Australia permanently with me giving up British citizenship.

[Londoner007]

You sort of answered your own question - Indian passport but that alone wont allow your kid to travel to UK.

If you are undecided about where you will settle then perhaps making a decision on that will help you shape the solutions required for your dilemma.

Its not always what you want and what is convenient for you, rather the case is what is required.

[kapoork2]

You sort of answered your own question - Indian passport but that alone wont allow your kid to travel to UK.

If you are undecided about where you will settle then perhaps making a decision on that will help you shape the solutions required for your dilemma.

Its not always what you want and what is convenient for you, rather the case is what is required.

You are right in a way but my concern is would UK issue a visit visa to the child without objecting to the fact that if the father is British, The baby is British? I want to be sure that I can argue the fact I want Indian citizenship/passport for our child.

[Londoner007]

The father being british does not automatically mean a child is British. You need to prove child is British at immigration ports such as with British passport or ROA.

In terms of Visit Visa, you will need it too if you are planning to give up your residency here permanently.

Why you are denying your child a British Citizenship when he is entitled to it. Many people would love to be in his position.

Anywayz in terms of the technical of visit visa for child, they may raise eyebrows and your wife will need visa to come with the child too, but I do not know for sure so cannot comment.

[kapoork2]

The father being british does not automatically mean a child is British. You need to prove child is British at immigration ports such as with British passport or ROA.

You just said something that is giving me hope. Having an Indian passport for my child is a strong factor claiming proving s/he is not yet British. This should hopefully allow the child to apply for a visa just to see me(if i am not travelling) in the UK.

In terms of Visit Visa, you will need it too if you are planning to give up your residency here permanently.

Why you are denying your child a British Citizenship when he is entitled to it. Many people would love to be in his position.

I used to work for defence. I have travelled to over 34 countries in the world and i have seen far better places than UK to live. Many of my friends (White British lads) left UK to places like Germany, Spain, Australia, even India with many giving up their citizenships because of Brexit bullshit. I would anyday prefer to live in Australia, Canada or even Kerala in India if I can find work there(No i am not from Kerala). In my opinion, Only those people are crazy for British citizenship who have only been to UK and now they like the system here after living here for a while and language is easy. They havent seen the better places so they dont know. Fortunately, I have been to places where I can buy far bigger and better quality houses for prices similar to the UK, have medical care for my family 10 times better than the NHS etc. British citizenship is just another thing for us. I would rather live on a farm house in quiet Adelaide suburb or in a beach hut in Kochi than working/living in urban jungle called London(no offence).

Anywayz in terms of the technical of visit visa for child, they may raise eyebrows and your wife will need visa to come with the child too, but I do not know for sure so cannot comment.

Yeah we are considering applying for a visit visa for mum and child to see me. The plan is to finish my current job contract and move.

[vinny]

https://www.gov.uk/register-a-birth

This is for a consular birth certificate, for children who are already automatically British. It's different from the registration of non-British children.

[vinny]

Read

Visit guidance > People who are British citizens or who have the right of abode.

[kapoork2]

Read

Visit guidance > People who are British citizens or who have the right of abode.

This documents clarifies A LOT of things. I think we wouldnt bother applying for neither ROA nor Visit visa now. I would travel instead.

Thank you very much!