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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am Likin XXXX

Customer Question

Hi I am Likin XXXX and I have recently got my ILR. I have got a wife who is dependent on me.I have got two infants with me who were born here in UK. Me and My wife are indian nationals but currently the kids are not holding any passport and nor we have got them explicitly registered as Indian nationals. Now we intend them to be british nationals so is it neccessary that they should be first registered as indian nationals and they should get an indian passport and then only we can register them as british citizens.

Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello Likin,

You do not need to register them as Indian nationals, you may apply for them to be registered as British Citizens straightaway, using form MN1.

All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello UKSolicitorJA

Thanks for your quick response.

I was filling up the form MN1 in which I came across a question which asks for the Present nationality of the child. I thought I can write the present nationality of the chld as Indian but according to the Indian Citizenship Act, 1955

"Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country."

Will their current nationality still be considered as Indian because they are born to parents of Indian citizens.

Thanks & Regards

Likin Gera

Expert:  UKSolicitorJA replied 1 year ago.
You may state that their present nationality is "stateless" i.e. they are not Indian which is a fact as their birth has not been registered with the Indian authorities.

All the best
Customer: replied 1 year ago.

In that case will we have to register them as British citizens using form MN1 or is there any other form in such a case?

Thanks & Regards

Likin XXXX

Expert:  UKSolicitorJA replied 1 year ago.
Mn1 form.

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