# Visa for baby born in India, Parents ILR



## RajILR (Mar 3, 2014)

Hello All,

I have a situation for which i need your kind inputs.

Me and my Mrs are on ILR in the UK for more than 1 year now, but my Mrs gave birth in India in Feb. Got his Indian passport sorted now.

SO for him in order to enter/live in the UK, what kind of visa should i apply? is it ILR or is there an entry clearance visa just to enter in to UK and then apply for naturalisation here in the UK? Lil confused..please shed some light here.

Also how/where should i apply for it and what kind of documents are needed?

Many Thanks in advance.

Cheers


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## RajILR (Mar 3, 2014)

Any help on this please?


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## Joppa (Sep 7, 2009)

Your son isn't British as he was born outside UK. He needs dependant's visa (which should give him indefinite leave to enter). You need to meet adequate maintenance rule. When at least one of you are eligible for naturalisation, your son can be included in the application and will be registered as British at Home Secretary's discretion. Think about implication of naturalisation for your Indian citizenship. You will lose it on becoming British citizen, but you can become Person of Indian Origin (PIO) with limited rights.


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## RajILR (Mar 3, 2014)

Many Thanks for your inputs, much appreciated!!


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## bathra (Oct 28, 2012)

Joppa said:


> Your son isn't British as he was born outside UK. He needs dependant's visa (which should give him indefinite leave to enter). You need to meet adequate maintenance rule. When at least one of you are eligible for naturalisation, your son can be included in the application and will be registered as British at Home Secretary's discretion. Think about implication of naturalisation for your Indian citizenship. You will lose it on becoming British citizen, but you can become Person of Indian Origin (PIO) with limited rights.



Hi Joppa,

Slightly similar situation here.. Father (me) is a naturalized British Citizen only became citizen recently (a few days back ).. Mother is Indian Citizen with a dependent visa... now my new born baby who is only few days (rather hours) old  was born in India..., am I able to apply directly for a British citizenship for the new born baby ? on the basis of father who is a British Citizen ? or would i have to apply for a dependent visa for the baby ? 

Thanks 
Rd


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## Joppa (Sep 7, 2009)

You are British citizen otherwise than by descent (naturalised in UK) and your child is British by descent so is automatically British. Just apply for the child's British passport.


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## bathra (Oct 28, 2012)

Ok great so two questions 

1) Can we directly apply for Briitish passport ? or do we have to apply for baby's citizenship ?

2)As the baby is in India and the father is in UK... can i apply here ? on behalf of the baby ?
Or would the application need to be submitted in India ?


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## ILR1980 (Feb 5, 2016)

bathra said:


> Ok great so two questions
> 
> 1) Can we directly apply for Briitish passport ? or do we have to apply for baby's citizenship ?
> 
> ...


follow this link

https://www.gov.uk/overseas-passports


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## Joppa (Sep 7, 2009)

Again you are providing less than helpful response. I suggest you stop doing this.

#1 As the child is British from birth, just apply for British passport.
#2 No, the child has to be physically in UK to apply. Yes, it has to be submitted where the child is.


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## ILR1980 (Feb 5, 2016)

Joppa said:


> Again you are providing less than helpful response. I suggest you stop doing this.
> 
> #1 As the child is British from birth, just apply for British passport.
> #2 No, the child has to be physically in UK to apply. Yes, it has to be submitted where the child is.


Ok i stop participating and let you response as you dont find it helpful


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## bathra (Oct 28, 2012)

ILR1980 said:


> follow this link
> 
> https://www.gov.uk/overseas-passports



Hi Joppa et all

So here is a slight twist in the situation ... the issue is my child took birth two weeks back and i have only yesterday (09/06/16) got my naturalization confirmed. Now if I go by the below the information in the link below because my child was born before my naturalization coming through , they will not be eligible for a British passport ? Is that correct ?

Many thanks
Bathra




https://www.whatpassport.com/countr...EeKSEmG-_xsR9e9adDn3avVZD5Ssh9EmIMaAqtQ8P8HAQ


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## nyclon (Apr 3, 2011)

In your previous post you said you were naturalised before the baby was born.


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## bathra (Oct 28, 2012)

Apologies... i got confused,,, i wasnt quite there at the time ,,,, as I was only asked to submit fingerprints then.. only just got my official certificate yesterday... I am guessing its bad timing ? as the child wouldnt be classed British ? as it she was born 31st May i was still Indian


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## Joppa (Sep 7, 2009)

I haven't read through the earlier messages, but your daughter may be eligible for discretionary registration, which will cost £936 and several months of waiting. You first have to get a visa for her to bring her to UK.


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## bathra (Oct 28, 2012)

Joppa said:


> I haven't read through the earlier messages, but your daughter may be eligible for discretionary registration, which will cost £936 and several months of waiting. You first have to get a visa for her to bring her to UK.


oh i see thanks,

Where can i read more about discretionary registration ? 

Anyway i will need her to apply for a visa so she can come here i suppose so she will need an Indian passport first.. correct ?


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## Joppa (Sep 7, 2009)

Yes, and I think she may only need a visit visa, as she will be applying for registration as British citizen.
See https://www.gov.uk/government/publi...er-child-under-18-as-british-citizen-form-mn1


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## bathra (Oct 28, 2012)

Joppa said:


> Yes, and I think she may only need a visit visa, as she will be applying for registration as British citizen.
> See https://www.gov.uk/government/publi...er-child-under-18-as-british-citizen-form-mn1




Thanks for a prompt reply , as visit visa is only valid for 6 months and if this process takes longer than that we may need a dependent visa for her i am guessing ??


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