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Settlement visa for child born in UK to British citizens

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nm_shri
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Settlement visa for child born in UK to British citizens

Post by nm_shri » Thu Aug 10, 2017 12:40 pm

Hello,
My husband & I are naturalized British citizens settled in UK (we got our citizenship in 2014) and are OCI card holders.

We would be applying for settlement visa for our daughter who was born in India.

I would want to know whether it is Appendix 1 or Appendix 2 that should be completed along with VAF4A form. Can somebody confirm this please?

Thanks,
Shri
PS: We would be making the application from VFS, Chennai

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CR001
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Re: Settlement visa for child born in UK to British citizens

Post by CR001 » Thu Aug 10, 2017 12:51 pm

When was your child born, before or after you became British?
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nm_shri
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Re: Settlement visa for child born in UK to British citizens

Post by nm_shri » Thu Aug 10, 2017 12:54 pm

The child was born in India after we became British.

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CR001
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Re: Settlement visa for child born in UK to British citizens

Post by CR001 » Thu Aug 10, 2017 12:56 pm

The child is automatically British. Can't apply for a visa.

Apply for British passport or RoA.
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secret.simon
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Re: Settlement visa for child born in UK to British citizens

Post by secret.simon » Thu Aug 10, 2017 3:10 pm

nm_shri wrote:The child was born in India after we became British.
If the child was born in India after both parents became British citizens, the child is not eligible for an Indian passport and therefore cannot apply for CoE-RoA, unless s/he has another non-British passport.

The only option is a British passport. Overseas passport applications from the Indian sub-continent have been reported to take from six months to a year.
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CR001
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Re: Settlement visa for child born in UK to British citizens

Post by CR001 » Thu Aug 10, 2017 3:16 pm

secret.simon wrote:
nm_shri wrote:The child was born in India after we became British.
If the child was born in India after both parents became British citizens, the child is not eligible for an Indian passport and therefore cannot apply for CoE-RoA, unless s/he has another non-British passport.

The only option is a British passport.
Thanks ss, I did not know this. Never too old to learn :wink:
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secret.simon
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Re: Settlement visa for child born in UK to British citizens

Post by secret.simon » Thu Aug 10, 2017 3:21 pm

CR001 wrote:Thanks ss, I did not know this. Never too old to learn :wink:
We learn something new every day.

For future reference, in order for a child born in India to have Indian citizenship, at least one parent must have Indian citizenship at the time of the birth. Not very dissimilar to the situation in the UK.

By contrast, Pakistan is one of only two countries in Asia (the other one is Cambodia) that practices unconditional jus soli. So, any child born in Pakistan has Pakistani citizenship, irrespective of the parents' citizenship.
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Obie
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Re: Settlement visa for child born in UK to British citizens

Post by Obie » Thu Aug 10, 2017 4:00 pm

In the UK, we recognise OCI as citizens of India, even if the Indian government disputes this.

A child whose parents hold a British Citizen could in practise be entitled to OCI.
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