Immigrationboards.com

Hi

Have been trying to sort passport for my step daughter but now am confused as as to if she is a British citizen or not? Using the are you a British citizen tool on the government website comes up with this:

"You might be a British citizen

You might not be a British citizen if:

you were born before 1 July 2006
your parents weren't married when you were born (and aren't married now)
You’re a British citizen if this doesn't apply to you. You don’t need to register or naturalise, and you can live in the UK and get a British passport."

Daughters details

Born in UK in 2001

Farther is British

Mother is Portuguese , lived in Britain since 1994

they were never married

Thanks for any help.

Hi,

The child is not British by birth through the father, as unmarried fathers could not pass British citizenship to their children prior to 2006. To acquire British citizenship, she can be registered as a British citizen at any time before the age of 18 as long as certain required proofs of paternity are provided.

However, in reading your post, I believe that this may not be necessary as your stepdaughter may already be British by birth through her mother:

If EU citizens live in the UK for 5 continuous years and exercise EU treaty rights through employment, study/self-sufficiency (+private health insurance) or periods of job-seeking during these years, they acquire permanent residence. If a person holds this status at the time of the child's birth, their child is automatically British by birth (if born in the UK). Hence it's worth checking if her mother acquired permanent residence status before her daughters birth (and if she can provide evidence of this).

I'm afraid that's only the case if the Mother had actually applied and obtained a PR card, if not, she may not have been considered settled and thus the child not British otherwise than by descent at Birth.