UK Visa for newborn in India for parent with ILR & Brit

[praks_singh]

I have a quick question about how to apply for Visa for my new born baby who was born in India. Below is a quick summary of the situation:
1) I am a British Citizen now. In Aug 2012, I was naturalised as British Citizen. I am living in the UK.
2) My wife has "Indefinite Leave to Remain" (ILR) in the UK and has been living with me in the UK till she went to India for baby's birth.
3) My baby is born in India. He will soon have Indian Passport.

My question is, given the situation above, which is the quickest visa should I apply for to get my baby travel to the UK ASAP. I can then apply for his "dependent of settle person or british citizen" later once he is in the UK.

Please suggest.

Kind Regards:
Praks

[vinny]

See also Children of British citizens and settled people.

[Amber]

I assume your child was born after August 2012? If so, your child is British so just get a certificate of entitlement to get him to the UK.

[vinny]

Well spotted. Forgot to ask for baby's date of birth.

[praks_singh]

Thanks D4109125,

Yes. My baby has born in Aug 2013. For Certificate of Entitlement, do I need to first apply for my kids passport (Indian or British). I read about ROA, but as always, the information is ambiguous.

Please guide. Also, how much time does it normally takes to get certificate of entitlement?

Kind Regards:
Praks

[vinny]

Indian Passport required for a certificate of entitlement to the right of abode.

Note that

If you have the right of abode but you have another way of proving it (such as a UK passport or an identity card showing you to be a British citizen or British subject with right of abode), we will not issue a certificate of entitlement to you

i.e. cannot have both a British passport and a Certificate of entitlement in a foreign passport at the same time. Choose either one or the other.

See also Are you a minor, Indian by descent and also foreign citizen?

[praks_singh]

Thanks Vinny for explaining clearly. Makes sense.

Regards:
Praksh

[praks_singh]

Dear D4109125 and Vinny,

Another approach could be to apply for UK Passport directly in India as my son would be treated as British Citizen as I had my naturalization one year back.
The UK passport in India takes around 16 weeks; a bit longer but with Indian passport and certificate of entitlement, there may not be a lot of difference b/w these two approaches in terms of timeline.

Please let me know your views/expert opinion.

Kind Regards:
Prakash

[Amber]

A recent CoE for one member in India took 4 weeks, so it really depends how long an Indian Passport would take.

[praks_singh]

Hi D4109125,

That's very good information. Now I can decide which way to go.

Many Thanks.

[praks_singh]

A recent CoE for one member in India took 4 weeks, so it really depends how long an Indian Passport would take.

Hi D4109125 and Vinny,

Another related question pls.
As I have a British Passport and my wife has an Indian passport; so, while applying for baby's passport in India, do I need to submit both mine and wife's passport (attested copies)? Who should I get it attested from?

Please let me know.

[Amber]

Dear Friends,

Here is my situation:
-- I am a British Citizen (received it in Aug 2012) with OCI
-- My wife is on Indian passport with ILR.
-- My baby was born in Aug 2013 (after I became british citizen) in INDIA.

We are planning to apply for an Indian passport in India and then RoE for right to abode in the UK.

My question is for applying indian passport in India:
-- Do I have to be physically present in India with my wife?
-- Do I need to submit attested copies for my british passport along with my wife's indian passport for infant's passport.
-- Who do I need to get my british passport attested from? It should be an attorney or a solicitor?

Please help.

Kind Regards:
Praks

[praks_singh]

Friends,

Given my situation, can you please answer some of my questions on getting an Indian passport.

1. Can I get tatkaal passport for the baby in India. I can travel to India for passport application.
2. Are there any additional documents that I need to include in Baby's indian passport application?Like any Sworn affidavit to soem effect or any NOC?
3. Once I have Baby's Indian passport, where do I need to send ROA application form in India?

[swagathem]

Hi I am with the similar situation. May I know how did you bring your new born here?

[swagathem]

Hi All
I am with the similar situation. May I know how did you bring your new born here?[quote="swagathem"]Hi I am with the similar situation. May I know how did you bring your new born here?[/Pls email me or reply to the post as early as possible ]
Regards, Sathya...

[rambo123]

Hi,
I am in a similar situation.

Father – British citizen
Mother – Indian passport ILR

My wife is in India for delivery, expected due date is first week of Feb 2016.
My elder son (British Passport) due to start reception in Sept 2016, so I need to get them back to UK by Aug 2016

Going through various posts British passport applications from India takes about 6-8 months.
Is going to through Indian passport + ILR a better root… has anyone done this…advice please…

Thanks in advance…

[secret.simon]

If the father is a British citizen before the child is born, the child is ineligible to apply for any "leave to remain", indefinite or otherwise as s/he is a British citizen by birth and does not require leave.

Read the whole thread and look for information about CoE-RoA. That typically takes between six and sixteen weeks. Your child will need an Indian passport and a CoE-RoA to enter the UK.

[rambo123]

Thanks secret.simon for the clarification.
I read in other post http://www.immigrationboards.com/british-citizenship/british-passport-or-coe-roa-on-indian-passport-t119338-180.html that CoE-RoA rejected because the applicant was not born in UK.

myslef and wife both born in India, I hold british passport (naturalized after 5 years ) and my wife Indian passport + ILR.

[secret.simon]

All British citizens have the right of abode and hence have the right to get the Coe-RoA, except if they have at any time in the past been issued with a British passport.

Their place of birth is immaterial.

It appears that the consular officials abroad got mixed up between the rules for British citizens and Commonwealth citizens with Right of Abode (which is a pre-1983 category that is slowly dying out).