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British citizenship for child born outside UK with only UK citizen Father

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  • British citizenship for child born outside UK with only UK citizen Father

    Hi,

    I am a British citizen acquired by naturalisation and my wife is an Indian citizen with ILR and currently living in India with OCI since 2012(was in UK during 2002 - 2012).


    I am recently blessed with a baby boy in india in March 2019. I want to apply for british passport for the new born.

    So few of my questions:

    1. As Child has one of the British parent so will be get British citizenship automatically ?
    Do I need to apply for his Passport of is there any complexity in law to get one ?


    2. I have registered a birth in India and got birth certificate so Do I need to register again in UK for birth certificate ?

    3. Do I need to apply for his OCI card once he got his british passport ? Can he stay in India during that time ?


    How do you help to get one.

    Thanks

  • #2
    1. The child automatically and involuntarily has British citizenship at birth, since he was born outside the UK to at least one parent (you) who is a British citizen "otherwise than by descent" at the time of his birth. You don't "need" to apply for his British Passport. As a British citizen, he can apply for a British passport at any time, at any age, if he wants.

    2. no

    3. He is automatically an Indian citizen at birth, since he was born in India to at least one Indian citizen parent, and the other parent was not an illegal migrant. So I don't think you can apply for OCI now. Getting a British passport might jeopardize his Indian citizenship. I am not sure about the process of getting OCI for someone born in India with Indian citizenship who later gets foreign passport while still in India.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by rasgulla321 View Post
      Hi,

      I am a British citizen acquired by naturalisation and my wife is an Indian citizen with ILR and currently living in India with OCI since 2012(was in UK during 2002 - 2012).


      I am recently blessed with a baby boy in india in March 2019. I want to apply for british passport for the new born.

      So few of my questions:

      1. As Child has one of the British parent so will be get British citizenship automatically ?
      Do I need to apply for his Passport of is there any complexity in law to get one ?


      2. I have registered a birth in India and got birth certificate so Do I need to register again in UK for birth certificate ?

      3. Do I need to apply for his OCI card once he got his british passport ? Can he stay in India during that time ?


      How do you help to get one.

      Thanks
      Hi, My son is also born in India and I have received his British passport now. I want to apply his OCI from India as I want to travel in 3-4 months. Can you please advise me the process or any checklist or guidance. thanks

      Comment

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