Right of abode for baby

[KKumar]

Hi,

I have applied for naturalisation for me and my wife and MN1 for my son. but i now someone told me that i may apply for right of abode for my baby. to be honest, i do not understand fully right of abode. What i want is my baby should retain Indian passport, most of study in India and should have unrestrict access to UK.

My baby born on Aug-2011 in UK and we got ILR in Jan-12. we all three have Indian passports at moment.

1) does right of abode provide facility that my child stay and study most time in india and have unrestricted access to UK.
2) if yes, can i apply for right of abode for my son?


Thanks,
Kumar

[vinny]

See also Parents have ILR, can baby avoid being British.

However, in that thread, baby will be automatically British, not British by registration.

[ban.s]

My baby born on Aug-2011 in UK and we got ILR in Jan-12. we all three have Indian passports at moment.

A child born british may choose to register himself as indian citizen by decent under 4 (i)/(ii) of the Indian citizenship act, then apply for indian passport and subsequently apply for ROA.

However, in your case, you need to register the baby as BC first. If you then apply for RoA for the child and he continues to hold Indian passport then it will be violation of the Indian citizenship act.

[KKumar]

Hi
Vinny and ban.s, Thanks for your posts. it is highly appreciated.

So i have only option to apply BC for my son and let him study as per NRI in India.

Thanks,
KKumar

[vinny]

See also INFO-Dual Citizenship for children under 18.

[KKumar]

My baby born on Aug-2011 in UK and we got ILR in Jan-12. we all three have Indian passports at moment.

A child born british may choose to register himself as indian citizen by decent under 4 (i)/(ii) of the Indian citizenship act, then apply for indian passport and subsequently apply for ROA.

However, in your case, you need to register the baby as BC first. If you then apply for RoA for the child and he continues to hold Indian passport then it will be violation of the Indian citizenship act.

Sorry but this is bit confusing. can you please be more specific need to register the baby as BC first. I have just read this http://www.immigrationboards.com/viewto ... highlight= and accord to this i can apply without any issue.

along with this. i have made a mistake that i have applied for MN1 for my baby and i have got ceremony invitation now. so still i have not accepted certificate yet. I wan to have Right of abode for my baby. can some one please guide me for the process now onwards.

[vinny]

My baby born on Aug-2011 in UK and we got ILR in Jan-12. we all three have Indian passports at moment.

Baby is not automatically British. A non-British baby born on or after 1 Jan 1983 cannot have a Right of abode.

[KKumar]

My baby born on Aug-2011 in UK and we got ILR in Jan-12. we all three have Indian passports at moment.

Baby is not automatically British. A non-British baby born on or after 1 Jan 1983 cannot have a Right of abode.

Vinny, Thanks for your reply. I have applied for MN1. and received ceremony letter. so my baby can be british in next couple of weeks. limited to my understanding, I can apply RoA after that. And with reference http://www.immigrationboards.com/viewto ... highlight= sticky my baby can retain Indian citizenship until he gets 18. But conflict information is it would violate Indian Citizenship act about not renouncing Indian Citizenship on receiving British Citizenship. so question now

1. Should i take part and receive Citizenship certificate for my child
2. If yes above,can my son apply for RoA after that?
3. If yes for above both, can he retain Indian Passport without violating Indian Citizenship Act or would not be in trouble?
4. If answer yes for 1, can he avoid to apply for British Passport.

Many thanks in advance.

Ketan

[Jambo]

I'm not a expert on Indian nationality law but I believe there is a difference if the child is British from birth (because of his parents status/nationality) or if he has actively seeked to become British (by applying for registration).

I don't think there is an option to maintain Indian citizenship in the latter.

[ban.s]

Applying for MN1 means foreign citizenship entitlement has been exercised and not acquired voluntarily. So the child can't retain Indian citizenship and apply for ROA on an Indian passport.

This provision is only applicable to a child who is born in UK to an Indian passport holder with ILR i.e. British by Birth but registered as an Indian citizen by decent.

[KKumar]

Applying for MN1 means foreign citizenship entitlement has been exercised and not acquired voluntarily. So the child can't retain Indian citizenship and apply for ROA on an Indian passport.

This provision is only applicable to a child who is born in UK to an Indian passport holder with ILR i.e. British by Birth but registered as an Indian citizen by decent.

Thanks for giving much clarity to both of you Ban And Jambo. Right so my case i can not have Registration + RoA + Indian Citizenship at same time. out of my case, i have doubt Indian embassy would issue passport to minor of Indian parents having ILR.

[ban.s]

i have doubt Indian embassy would issue passport to minor of Indian parents having ILR.

why do you doubt?

[ouflak1]

Applying for MN1 means foreign citizenship entitlement has been exercised and not acquired voluntarily. So the child can't retain Indian citizenship and apply for ROA on an Indian passport.

This provision is only applicable to a child who is born in UK to an Indian passport holder with ILR i.e. British by Birth but registered as an Indian citizen by decent.

Thanks for giving much clarity to both of you Ban And Jambo. Right so my case i can not have Registration + RoA + Indian Citizenship at same time. out of my case, i have doubt Indian embassy would issue passport to minor of Indian parents having ILR.

You would have to declare that you have not actively sought the rights of citizenship for the child, which you have.

[KKumar]

i have doubt Indian embassy would issue passport to minor of Indian parents having ILR.

why do you doubt?

Sorry Ban. that was my misunderstanding i have just checked the form i filled out for registration and Indian Passport for my baby.

[KKumar]

Applying for MN1 means foreign citizenship entitlement has been exercised and not acquired voluntarily. So the child can't retain Indian citizenship and apply for ROA on an Indian passport.

This provision is only applicable to a child who is born in UK to an Indian passport holder with ILR i.e. British by Birth but registered as an Indian citizen by decent.

Thanks for giving much clarity to both of you Ban And Jambo. Right so my case i can not have Registration + RoA + Indian Citizenship at same time. out of my case, i have doubt Indian embassy would issue passport to minor of Indian parents having ILR.

You would have to declare that you have not actively sought the rights of citizenship for the child, which you have.

Thanks, It is very clear now. As options are nil, I will head for BC + OCI for my son along with me.