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My ceremony and my child born out of UK on same date

Posted: Fri Feb 12, 2016 3:00 pm
by Viewpoint
Hello All,

My Citizenship ceremony and my child born out of UK both dates are same (11/02/2016).

During my child application, Can I use "Children born outside the United Kingdom to British citizens by descent" rule when apply ILE visa for my child later?

Will they check time also (if it is same date), child born before the ceremony or after the ceremony?

Is the same date fine?

Re: My ceremony and my child born out of UK on same date

Posted: Fri Feb 12, 2016 3:36 pm
by 1kiril
No. You are British citizen by naturalisation not by descent.

Re: My ceremony and my child born out of UK on same date

Posted: Fri Feb 12, 2016 4:15 pm
by Viewpoint
Ok. I am a naturalised BC, but my query is :

When I go to apply my child application,

Will they check timezone also (if it is same date), child born before the ceremony or after the ceremony?

Is the same date fine?

Re: My ceremony and my child born out of UK on same date

Posted: Fri Feb 12, 2016 4:21 pm
by secret.simon
Tricky one that.

My understanding is that although you are issued a naturalisation certificate about halfway through the day, as it only has the date stated on the certificate, it is treated as if you were a British citizen for the whole day (i.e. from the start).

Your child born abroad would thus be a British citizen by descent.

But that can lead to other complications. If your child is a British citizen by descent, he can not apply for a visa to enter the UK as citizens do not need a visa to enter the UK. You must apply for either a British passport (which can take between 6 months to a year) or a CoE-RoA (which can take upto sixteen weeks) on an existing passport.

What is the mother's nationality and where did she give birth? That may clarify the situation a bit.

Also, as your child is British by descent, your grandchildren through that child will not inherit the British citizenship unless they are born in the UK.

Re: My ceremony and my child born out of UK on same date

Posted: Sat Feb 13, 2016 10:10 am
by Viewpoint
Thank you very much secret.simon for your useful info.

I hope it would be fine during my child application.
Anybody had or hear the same situation, please share here your experience kindly.

Re: My ceremony and my child born out of UK on same date

Posted: Sat Feb 13, 2016 10:56 am
by LilyLalilu
I'm obviously not in the same situation but the certificate clearly states "xy will be a British Citizen from the date of this certificate" which means that if your child was born on the date of your ceremony (i.e. the date on your certificate) it will be British by descent if born abroad, the exact time of birth/timing of the ceremony should not matter :)

Re: My ceremony and my child born out of UK on same date

Posted: Sat Feb 13, 2016 2:02 pm
by Viewpoint
Thank you very much LilyLalilu for your nice reply.
I am very happy after reading your comment as well.

Brit.passport : A baby born out of UK for a British citizens

Posted: Thu Mar 17, 2016 11:14 am
by Viewpoint
Hello All,

Could you please clarify this query.

My baby was born out of UK on the same day of my citizenship ceremony (11/02/2016).
I will apply a British passport to my baby later out of UK (may be after one year).
Should I register my baby birth in UK or out of UK? and should I do anything now? - If I go to apply a British passport after one year from out of UK.

Re: Brit.passport : A baby born out UK for a British citizen

Posted: Thu Mar 17, 2016 11:19 am
by CR001
I have merged your topic with your previous topic with the identical question.

Re: Brit.passport : A baby born out UK for a British citizen

Posted: Thu Mar 17, 2016 11:24 am
by Viewpoint
Thanks for that, CR001.
But, this time I have dropped a different query.

Re: Brit.passport : A baby born out UK for a British citizen

Posted: Thu Mar 17, 2016 12:08 pm
by CR001
Still relevant to your previous topic question.

Re: Brit.passport : A baby born out of UK for a British citi

Posted: Thu Mar 17, 2016 12:22 pm
by vinny
Viewpoint wrote:My baby was born out of UK on the same day of my citizenship ceremony (11/02/2016).
I will apply a British passport to my baby later out of UK (may be after one year).
Should I register my baby birth in UK or out of UK? and should I do anything now? - If I go to apply a British passport after one year from out of UK.

Re: Brit.passport : A baby born out UK for a British citizen

Posted: Thu Mar 17, 2016 12:47 pm
by Viewpoint
Thank you very much vinny for your very useful links

Re: Brit.passport : A baby born out of UK for a British citi

Posted: Wed Mar 23, 2016 4:08 pm
by Viewpoint
Viewpoint wrote:Hello All,

Could you please clarify this query.

My baby was born out of UK on the same day of my citizenship ceremony (11/02/2016).
I will apply a British passport to my baby later out of UK (may be after one year).
Should I register my baby birth in UK or out of UK? and should I do anything now? - If I go to apply a British passport after one year from out of UK.

I emailed to birth registration enquirer, they replied me that it is not mandatory to register here for a baby who born out of UK. It is an optional one.

If anyone has similar experience, please post your comments.

Re: My ceremony and my child born out of UK on same date

Posted: Thu Dec 15, 2016 10:39 am
by Viewpoint
secret.simon wrote:Tricky one that.

My understanding is that although you are issued a naturalisation certificate about halfway through the day, as it only has the date stated on the certificate, it is treated as if you were a British citizen for the whole day (i.e. from the start).

Your child born abroad would thus be a British citizen by descent.

But that can lead to other complications. If your child is a British citizen by descent, he can not apply for a visa to enter the UK as citizens do not need a visa to enter the UK. You must apply for either a British passport (which can take between 6 months to a year) or a CoE-RoA (which can take upto sixteen weeks) on an existing passport.

What is the mother's nationality and where did she give birth? That may clarify the situation a bit.

Also, as your child is British by descent, your grandchildren through that child will not inherit the British citizenship unless they are born in the UK.
Hi secret.simon

Next week I am going to apply my child's British passport from out of UK. If both my citizenship and my child was born out of UK happened on the same day (but child was born an hour 30 min later after my citizenship), do I need to submit additional documents to prove the time difference or no need to worry about that? Do I need confirm that with them before submitting my application?
Please advice me.

Re: My ceremony and my child born out of UK on same date

Posted: Thu Dec 15, 2016 2:13 pm
by noajthan
Viewpoint wrote:... do I need to submit additional documents to prove the time difference or no need to worry about that? Do I need confirm that with them before submitting my application?
Please advice me.
No such requirement to be found in HMPO guidance.

Re: My ceremony and my child born out of UK on same date

Posted: Thu Dec 15, 2016 2:26 pm
by Viewpoint
Thanks noajthan. We can't find that kind of requirements in the guidance.
But I am worrying a lot before submitting my application.What to do for this case?
How and where I need to get a confirmation since both happened on the same day.

Re: My ceremony and my child born out of UK on same date

Posted: Thu Dec 15, 2016 2:38 pm
by secret.simon
noajthan wrote:No such requirement to be found in HMPO guidance.
+1

Though given the number of threads suggesting that the BHC staff in India are not well-versed in British nationality law, a cover letter spelling out how the child acquired British nationality by descent and hence is entitled to a British passport could be in order.

British passports issued overseas could take between six months and a year. Go through the British passports timeline for more information.

Re: My ceremony and my child born out of UK on same date

Posted: Thu Dec 15, 2016 2:56 pm
by Viewpoint
Thanks secret.simon

I am confusing that the British nationality by descent should be on or after the naturalisation date. I do not see anywhere on or after the date in the guidance.
Do you think if I mention this case in a covering letter is good enough while submitting the application?
Any suggestion please?

Re: My ceremony and my child born out of UK on same date

Posted: Thu Dec 15, 2016 3:25 pm
by CR001
You became British on the same day as the child was born. What is it that you are struggling with? HO/HMPO do not ask for time of events to determine it.

Re: My ceremony and my child born out of UK on same date

Posted: Thu Dec 15, 2016 3:43 pm
by Viewpoint
CR001 wrote:You became British on the same day as the child was born. What is it that you are struggling with? HO/HMPO do not ask for time of events to determine it.
Thank you very much CR001.

I had a lot of worries for it. Anyway, your answer gives me more confident.
I will go head for submitting my child's application from out of the UK.