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Can BC for children be defered

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chakku71
Junior Member
Posts: 91
Joined: Thu May 15, 2008 2:24 am

Can BC for children be defered

Post by chakku71 » Tue Sep 01, 2009 8:07 am

Hi,
My wife and I are to be naturalised soon. Our childeren were born in the UK, have PR but are Indian citizens (we have not applied for their citizenship). My wife & I are planning OCI cards. In the event of we having to go back to India, then
1. Can we renew the British Passport from India while residing in India?
2. Can we apply for BC for our children at a later date (before they turn eighteen) while residing in India?

With the recession in full blow, if we were to loose the job, we may have to go back. Children were kept as Indian citizens as I believe there are some benefits for their education by remaining as Indian Citizens as against OCI.

Thanks
BB

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Sep 02, 2009 12:42 am

If you had ILR when they were born, then they are British citizens already.

chakku71
Junior Member
Posts: 91
Joined: Thu May 15, 2008 2:24 am

Can BC be dfered for children

Post by chakku71 » Wed Sep 02, 2009 6:25 am

JAJ wrote:If you had ILR when they were born, then they are British citizens already.
No, we did not have ILR when they were born and it was the reason for getting the Indian citizenship and passport for them.
Thanks
BB

hari15
Member of Standing
Posts: 362
Joined: Thu Sep 28, 2006 3:44 pm

Re: Can BC be dfered for children

Post by hari15 » Wed Sep 02, 2009 9:33 am

chakku71 wrote:
JAJ wrote:If you had ILR when they were born, then they are British citizens already.
No, we did not have ILR when they were born and it was the reason for getting the Indian citizenship and passport for them.
Thanks
Even I am having same doubt.

My child born in India when I was not having ILR

Now all got ILR including my child

Next Year when I become BC, can my Child can become at same time? what are residence criteria for a child to become BC which is born overseas?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can BC be dfered for children

Post by vinny » Wed Sep 02, 2009 11:03 am

hari15 wrote:Next Year when I become BC, can my Child can become at same time? what are residence criteria for a child to become BC which is born overseas?
Chapter 9: Registration of minors at discretion
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Can BC be dfered for children

Post by JAJ » Thu Sep 03, 2009 4:14 am

chakku71 wrote:
JAJ wrote:If you had ILR when they were born, then they are British citizens already.
No, we did not have ILR when they were born and it was the reason for getting the Indian citizenship and passport for them.
Thanks

Why would you not want them to be British citizens instead?

chakku71
Junior Member
Posts: 91
Joined: Thu May 15, 2008 2:24 am

Re: Can BC be dfered for children

Post by chakku71 » Thu Sep 03, 2009 6:45 am

Thanks JAJ, As a parent, my primary aim is to improve the life chances of my child.

Thanks Vinny,
I am still trying to get answers for the initial two questions

1. Can we renew our British Passport from India while residing in India?
2. Can we apply for BC for our children at a later date (before they turn eighteen) while residing in India?

Am I right in thinking that the answers are
1. Yes
2. Discretionary

Thank You
BB

hari15
Member of Standing
Posts: 362
Joined: Thu Sep 28, 2006 3:44 pm

Post by hari15 » Thu Sep 03, 2009 9:45 am

I am totally confused on how and when a baby who is born in overseas when parents not having ILR, and later gained ILR along with its parents can register as british citizen

Here there are 3 persons in this scenario

Me, Just got ILR, In UK for 5 years- So next Year I can apply for BC

My wife- Married to me last year, went to India for baby delivery and returned with child. She can apply for BC once when she completes 3 years in UK

What about my child? how and when my child can become BC? Does my child need to spend 5 years in UK (same rule as for me) to become BC? Please somebody clarify this

IMBerocca
Newly Registered
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Joined: Mon Jul 20, 2009 9:07 am

Post by IMBerocca » Thu Sep 03, 2009 11:11 am

hari15, why are you hijacking someone else's thread for your questions. Start a thread of your own.

I don't know enough to answer the question but will be interested to know answers of chakku71's questions.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can BC be dfered for children

Post by vinny » Thu Sep 03, 2009 11:12 am

chakku71 wrote:Thanks JAJ, As a parent, my primary aim is to improve the life chances of my child.

Thanks Vinny,
I am still trying to get answers for the initial two questions

1. Can we renew our British Passport from India while residing in India?
2. Can we apply for BC for our children at a later date (before they turn eighteen) while residing in India?

Am I right in thinking that the answers are
1. Yes
2. Discretionary

Thank You
1. Yes.
2. By entitlement, if children were born in the UK and a parent has ILR/British citizenship.

Better if parent held British citizenship as ILR may be lost if parent is outside the UK and not coming back for settlement within two years.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

chakku71
Junior Member
Posts: 91
Joined: Thu May 15, 2008 2:24 am

Can BC be deferred

Post by chakku71 » Fri Sep 04, 2009 5:15 am

hari15 wrote:I am totally confused on how and when a baby who is born in overseas when parents not having ILR, and later gained ILR along with its parents can register as british citizen

Here there are 3 persons in this scenario

Me, Just got ILR, In UK for 5 years- So next Year I can apply for BC

My wife- Married to me last year, went to India for baby delivery and returned with child. She can apply for BC once when she completes 3 years in UK

What about my child? how and when my child can become BC? Does my child need to spend 5 years in UK (same rule as for me) to become BC? Please somebody clarify this
Thanks vinny for the answers, they are very clear now. You have always answered any quires precisely, and not just given an opinion.
Hari 15, you are indeed hijacking the thread that I have started, but the answers to your questions is in vinny's answer. It is very frustrating when the initial thread get deviated, diluted and lost! :)
BB

RAJ2007
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Posts: 406
Joined: Mon Jul 30, 2007 1:02 pm

Post by RAJ2007 » Fri Sep 04, 2009 7:56 am

chakku71,

I don't understand the point why you both could have OCI and not your child.OCI is more or less similar to Indian passport. It does not matter whether study in India or in UK. Also, rules are changing now and then and who knows they the rules may be complicated in future. Also, after having OCI for 5yrs and if you live in India for a year then you would also get an Indian passport as I understood form www.hcilondon.net

I don't see any harm in getting your son British passport.

chakku71
Junior Member
Posts: 91
Joined: Thu May 15, 2008 2:24 am

Post by chakku71 » Mon Sep 07, 2009 6:26 am

RAJ2007 wrote:chakku71,

I don't understand the point why you both could have OCI and not your child.OCI is more or less similar to Indian passport. It does not matter whether study in India or in UK. Also, rules are changing now and then and who knows they the rules may be complicated in future. Also, after having OCI for 5yrs and if you live in India for a year then you would also get an Indian passport as I understood form www.hcilondon.net

I don't see any harm in getting your son British passport.
Thanks RAJ2007 for the response,
Students with OCI can only apply in an educational institution that offers NRI a place. They do not have the same educational opportunities of a resident Indian but only of an NRI. Some institutions that do offer, they invite hefty fee, probably much more than a UK institution.
After living in India for at least an year and if my children had OCR for 5 years, they still will not be able to renounce British Citizenship as they are ineligible before they become 18. I have made some posts in this forum before on this matter.
I am still in a conundrum as what is the best course for my children.
Thanks
BB

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