CHILD BORN IN UK - CITIZENSHIP QUESTION . Please Help

[fabercastel]

Hello All, Thank you for all your valuable time spend on reading this query.

My case is about my baby child. Both parents are ILR holders. Child born in UK when parents already have ILR. But planning to apply for foreign citizenship when the child is in UK and not British citizenship. parents will be only ILR.

My question: The child is planning to travel abroad where she will be staying say 4 - 5 years. Do you think she can get a British citizenship at a later stage if the child is planning to return to UK and want a British citizenship. Normally when the child is born in UK to parents who have settlement status already (ILR), I think the baby can get UK citizenship. Could you please say if she will be eligible for British citizenship at a later stage. FYI, parents are together, just because of work commitment we are planning to settle abroad and see if it will be any better.

Thank you and I appreciate greatly for your feedback

[vinny]

Child born in the UK to a British/settled parent (50(9A)) is automatically British (1(1)) otherwise than by descent.

[TTOE]

In support of vinny. Just go ahead and apply for the child's British Passport. the child is born british.
Go ahead, get a passport application form from the post office and apply for the child's passport straight away! simples

Plain language: Your child is already a British Citizen, all you need now is a British Passport for the child.

[fabercastel]

Thank you all for your replies. I apologize if I was not being specific in my question. Since we are on ILR already my child who was born in UK will qualify for British citizenship automatically. But the issue is we don't want to apply for British citizenship for my child now and we are planning to apply for foreign citizenship where our origin is.

My question is can my child at a later point say in 5 years time will qualify for a British citizenship , at that time she will be owning a foreign passport right from beginning.

Say in 5 years time while applying for British citizenship, she could able to produce certificates like UK birth certificate, parents had ILR settlement status before the child was born in UK , parents are living in UK etc.

If you think there will be problem in getting British citizenship for my child at a later stage (5 years) , then we will consider applying for British citizenship now if not after reviving our situation in future we will apply.

Thank you

[Amber]

Your child is British and cannot renounce such citizenship regardless of what you want, I'm afraid. What citizenship do you want the child to have?

[vinny]

As stated previously, child is already British from birth. An application for British citizenship will not be required.

Child may apply for CoE-RoA (endorsed in a foreign passport) instead of a British passport, if required.

[fabercastel]

Thank you Amber and vinny for your answers and for clarifying my doubts. Well, in that case seems like my child is already british and I will go ahead and apply for British passport for him. Thanks again.

[Jambo]

I will go ahead and apply for British passport for him.

I suggest you first check what are the rules of the other nationality. Some countries (India for example) don't allow dual nationality. For children born dual nationals, they would consider the child as holding the nationality unless he exercises a right of the other nationality (such as applying for a passport). So by applying for a British passport, he might lose his other nationality. What you can do in such case is to apply for CoA-RoA to be placed in his foreign passport.

[fabercastel]

Sorry Guys, I am a bit lost here with the CoA-RoA.

Vinny has stated: Child may apply for CoA-RoA (endorsed in a foreign passport) instead of a British passport, if required. But he also mentioned child is born British.

If the child is born British how can the child apply for a foreign passport and get a endorsement of CoA-RoA, he can only be allowed to get one passport which is British, isn't it ?(Dual nationality not applicable, India).

Even Jambo has stated: What you can do in such case is to apply for CoA-RoA to be placed in his foreign passport.

What I can understand from this CoA-RoA is no need to apply for British passport, the child can get a certificate saying he is of British origin. Will they give this as a certificate or will they be stamping somewhere say in foreign passport. But the child cant apply for a foreign passport as he is born British. I am confused here. Please could someone explain how this can work. Thank you

[vinny]

See also Are you a minor, Indian by descent and also foreign citizen?

[Jambo]

In the eyes of the UK authorities, the child is British from birth regardless if he holds (or ever applied for) a passport. The UK allows dual nationality so they don't care if he has other passports.

In the eyes of the Indian authorities, he is Indian as long as he doesn't apply for a British passport.

So what you can do is to apply for Indian passport. If you wish, you can apply for CoE RoA to be placed in his Indian passport. The child will still be British even without it but if the child lives in the UK or wish to travel to the UK he will need some proof of his rights in the UK.

In any point in life, the child can apply for a British passport. But doing so will mean losing the Indian citizenship.

[fabercastel]

Thank you Jambo and vinny, This is quite amazing stuff that I learned today from you guys, Wow.... mightily relieved . I was about to apply for British passport after initial replies thinking of no solution left. But now I can apply for an Indian passport for my child and have the CoA-RoA stamped on it, dual citizen .... Such a nice law... Thank you guys

[tara70]

I will be greatful if someone can help
Arrived UK in September 2002 as an International Student along with husband and 2 children as dependent.
15/7/2007: Baby born
31/03/2009: Applied under ECHR article 8. All of us granted discretionary leave until 30/01/2014.
15/10/2012. All of us Applied for ILR (long residence) excluding Baby born in 2007. Me, my husband and son granted ILR in March 2013. My daughter got ILR a bit late on Jan,2014 because of home office mistake.
Now I have two daughters aged 7 born in UK and her discretionary leave expired on 30/01/2014 and other aged 13 born abroad and got ILR last month.
Can someone advice me that should I apply to register both girls as BC along with our Naturalization which is due next month or should I register UK born first and then other one later with our applications.
I have read through FAQ but still confused if I should apply separately for my UK born or its ok to wait until March as her discretionary leave expired on 30/01/2014
Thanks

[TTOE]

In plain language, you can register your kids born in the UK now under MN1 and the other kids born outside the UK along side yours when you apply. For you And your husband use AN form and for the kids MN1 form.

[Jambo]

It would be cheaper to wait and register the children (UK born and abroad born) together when you apply. There is a small discount for 2 children applying together. It doesn't natter that the DLR would expire.

[tara70]

It would be cheaper to wait and register the children (UK born and abroad born) together when you apply. There is a small discount for 2 children applying together. It doesn't natter that the DLR would expire.

Thanks Jambo...that is what I was confused for. Its saving of £178 which is small discount as compare to total cost, but actually its good saving

[TTOE]

Thanks Jambo. There you go, cost didn't come to my mind at all.

[opty88]

If you intend to apply for joint MN1 registration before the end of this financial year then you would be saving ££. However if you apply after that, the new fee proposal is £669 per child. No discount for joint MN1 applicationHave a look below;
https://www.gov.uk/government/uploads/s ... ations.pdf

It would be cheaper to wait and register the children (UK born and abroad born) together when you apply. There is a small discount for 2 children applying together. It doesn't natter that the DLR would expire.

Thanks Jambo...that is what I was confused for. Its saving of £178 which is small discount as compare to total cost, but actually its good saving

[Jambo]

If you intend to apply for joint MN1 registration before the end of this financial year then you would be saving ££. However if you apply after that, the new fee proposal is £669 per child. No discount for joint MN1 applicationHave a look below;
https://www.gov.uk/government/uploads/s ... ations.pdf

£906 for naturalisation. Ouch!! No surprise that even the HO got it wrong. It's not 4% increase as they stated but 14%.

[Amber]

The current fee is £874 for an adult, that's what they incorrectly stated as £794.

[vinny]

The current fee is £874 for an adult, that's what they incorrectly stated as £794.

Perhaps Parliament should declare the new fees proposal as invalid because of the incorrect information?