New born on British Passport, Father on Indian passport - 60 days period crossed

I am holding an Indian passport and my wife is holding a British passport. Our newborn baby has a British passport as per her mother. The Immigration Department has refused to give her residence and asked us to produce a letter from Indian Embassy stating they will issue a passport for the newborn upon request. The embassy refused to give such a document. What’s the next legal option to get a valid residence for my daughter as the 60-day period to get the residence is over?


Name withheld
Answer:
If your child has a British passport, although it seems very unlikely in a very short period, then you should not have any problem in getting the residence for the baby because the question of a second passport does not arise. All you need to do is apply for the baby’s residence using her British passport.
All you need to do, if a clerk at the Immigration Dept refuses the residence, is to see a senior officer and explain the situation to him.
But as you have passed the 60-day limit, after the delivery of the baby, to get residence you will now face a very long procedure.
You have to go back to the Immigration Dept, which will refer you to an investigation officer in your area. After your statement has been recorded you will be referred to the Prosecutor’s Office, which will send the case to court. You will be given a date to appear in court which will decide whether you were at fault or not for the delay. Mostly it just waives any fine and just orders you to get the residence done. With this court order you will then have to go back to the Immigration Dept to get the residence.
All in all, it’s a cumbersome procedure but you will have to go through it.

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