# Baby born in India to UK Husband



## Singh127 (Mar 8, 2013)

Hi Everyone,

Please could anyone here advise.

Currently I am in the process of applying for my wife’s spouse visa in India.

I will be submitting this in September 2013 once I meet the financial requirements.

The question is regarding my spouse who is pregnant. When I submit the application the baby would have been born so will he or she be a considered a dependent? which would increase my financial requirement ?

I have heard that because I am UK born I can apply from the UK to have the baby to be British and get a UK passport ( British by descent) 

Does this still apply even tho my spouse has not been issued with a visa to the UK ?

Does any one know the process in applying from the UK for a passport the process and requirements ? I think I need to fill in a C2 form

Many Thanks


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## Hertsfem (Jun 19, 2013)

My son is in a similar situation and presently applying to register his son as a British citizen. I am new to the forum so cannot yet post a link but am sure someone will come along with one...


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## Joppa (Sep 7, 2009)

Your unborn child will be British by descent from birth automatically - no need to register etc. Just apply for his/her British passport in India when the baby is born. Will not count towards financial requirement.
Go to https://www.gov.uk/overseas-passports. They say it can take up to 16 weeks. You send your signed application, photos and supporting documents to a passport processing centre at British HC in New Delhi. Fees are 8,950 rupees.


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## Singh127 (Mar 8, 2013)

Hi

Well I am back and now have successfully applied for my spouse visa 27th September. However in Aug my wife gave birth to our baby daughter.

I applied for her British passport whist I was in India now back in UK. The problem I have is with the British passport application. It was returned due to not having the original documents sent with the application (The original documents have been sent with my wife's spouse visa)

What I initially wrote on a covering letter was if they wished to view the original documents then they were with themselves i.e British High Commission New Delhi with the spouse visa application.

Is there anyway I can process the British Passport application for my daughter without having to wait for the spouse visa documents being returned ?

As it can take 3 months for the spouse visa and then if successful I will have to wait another 16 weeks for the British Passport. Very long time not being able to see your wife and child.

The other thing I been thinking about is - shall I apply for a Indian Passport ? will I then be able to get a visa to the UK for my child ? or will it be deemed as a dependent ?


Any advise be much appreciated!!

This is the list of documents 

Completed C2 Form

Courier Fee

Applicants Birth Certificate (Indian)

Parents Registration 
Fathers Birth Certificate (British) Original
Mothers Birth Certificate (Attested Photocopy)-Original with Spouse Visa Application with British High Commission New Delhi

Marriage Certificate
(Attested Photocopy)Original with Spouse Visa Application with British High Commission New Delhi

Identity Doc 
Fathers British Passport 

Mothers High Quality (Attested Colour Photocopy)-Original with Spouse Visa Application with British High Commission New Delhi 

Original Divorce Certificate

Parents Documents
Original Payslip, Original P45, Original P45, Original Bank Statements, Original Driving Licence
Medical Records
Original Medical Vaccination card
Original Hospital Letter Confirming Birth
Original Scans of Baby

Photographs
Original


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## Singh127 (Mar 8, 2013)

Anyone here with some advise on this ?

Thanks

:fingerscrossed::fingerscrossed::fingerscrossed:


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## Joppa (Sep 7, 2009)

You must have original documents, as they are crucial for establishing nationality status. If you can get certified documents, they can be sent instead. By certified I mean by the issuer, not by solicitor etc.


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## Singh127 (Mar 8, 2013)

Thanks Joppa -This would mean they will be considered as duplicates ?


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## Joppa (Sep 7, 2009)

Not if the same authority issue them, such as the registrar for birth and marriage documents.


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## Singh127 (Mar 8, 2013)

Thanks for quick reply

Sorry the only other thing that comes to mind is would they query why I have two copies of these documents ? is it worth doing a cover letter explaining?

I did have a webchat with the High Commission rep today trying to explain to him why cant they cross reference the originals with the other department ie (spouse settlement) area wasn't very helpful.


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## Joppa (Sep 7, 2009)

They don't do things like that. First, it's probably against their internal rules and secondly, different sections deal with visas and passports.


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## Singh127 (Mar 8, 2013)

Thanks, an update I have not requested for a re- issue of my marriage certificate which is ok and possibly a re-issue of my wife's Indian birth certificate agent in India said this is not required.

I plan to send my British passport and driving licence and counterpart and long UK birth Certificate from the UK (originals) via courier DHL to India so they can be submitted with application along with a covering letter stating I have sent these from the UK.

Do you think it will be OK if I do this or look suspicious that my documents are there in India ?


Many Thanks


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## Singh127 (Mar 8, 2013)

Guys - any ideas?


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## Joppa (Sep 7, 2009)

Normally documents must be submitted in India, so what you should do is to send them to your partner there and they submit to the High Commission.


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## Singh127 (Mar 8, 2013)

Good news I have received my spouse visa - took two months start to finish ! 

However still having problems with obtaining a British Passport for my Daughter - I have been sent back the paperwork for the third time now all for silly reasons that keep changing each time it is sent to them.

Currently they wish to see my original passport however I am in the UK ( sent attested color copies) to them !!

IS there any other options available to me such as making a Indian passport and applying for a tourist visa ? then once they are here apply for a British Passport ? any idea on time frames etc ?

Any help or advise be much appreciated .

Thanks


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## Joppa (Sep 7, 2009)

Yes, you can get them Indian passport and UK visit visa, and apply for UK passport here. For the latter, you will need your passport, your birth certificate, your marriage certificate and their birth certificates (professionally translated into English if they aren't in English). At least 3 weeks. Fast track service at £87 will get them in a week.


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## Singh127 (Mar 8, 2013)

Hi, just to clarify I apply for Indian passport and then apply for a tourist visa for my child. Do you think I will get any problems in receiving the tourist visa as she is just 4 months old ?


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## Joppa (Sep 7, 2009)

No as she is accompanying family. You can state you are applying for British passport in UK.


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## Singh127 (Mar 8, 2013)

Thanks Joppa - I might just take a trip to India and submit my original passport and my wife's passport. 

My wife was issued with visa from 27/11/13 to 27/06/16 - 2 years, 10 months excluding the end date - 33 months - 

A letter with the form states "if you have waited more than three months after your visa was issued to travel to the UK, you may need to obtain an extension to your visa to make up with your time in the UK to the two years"

Does this mean she has to travel to the UK in three months ? or within 9 months i.e 9 plus 24 = 33

Many Thanks in Advance


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## OrganisedChaos (Mar 26, 2013)

Technically your wife can enter any time on that visa, but she needs to travel within 3 months to avoid having to extend her stay twice when she's here. 

She needs to have been in the UK a total of 30 months to qualify for the next stage.


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## Singh127 (Mar 8, 2013)

Thanks - I was thinking if she comes over to the UK and then I apply from the UK for the British Passport for my daughter. In this why I will be able to use her original and my original passports. Then once they return the passports my wife wanted to travel back to India be with our daughter that would then lead to her being here less then 30 months in the UK !

Seems like a big headache


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