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British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 7:37 pm
by PandieK
I'm British by Descent and I hope to get married next year to my partner who lives in Canada. I'd like to know; if I move to Canada now and come back to the country (UK) to have my baby/babies, will they be able to claim the British citizenship? I understand the rules when it comes to having the children abroad but if I go with the previous plan of coming back to the country... is that an option?
Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 8:31 pm
by noajthan
PandieK wrote:I'm British by Descent and I hope to get married next year to my partner who lives in Canada. I'd like to know; if I move to Canada now and come back to the country (UK) to have my baby/babies, will they be able to claim the British citizenship? I understand the rules when it comes to having the children abroad but if I go with the previous plan of coming back to the country... is that an option?
If born in UK all those babies will be British, bless their little cotton socks. Shoot directly for passports.
Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 8:52 pm
by PandieK
noajthan wrote:PandieK wrote:I'm British by Descent and I hope to get married next year to my partner who lives in Canada. I'd like to know; if I move to Canada now and come back to the country (UK) to have my baby/babies, will they be able to claim the British citizenship? I understand the rules when it comes to having the children abroad but if I go with the previous plan of coming back to the country... is that an option?
If born in UK all those babies will be British, bless their little cotton socks. Shoot directly for passports.
Is this regardless of my type of status? I want to leap for joy but I'll wait a minute

I don't have to be in the country for X amount of years? i know this applies if I want to have the children abroad but I plan on having them here... so I can move away and come back to have them here?
Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 9:20 pm
by noajthan
PandieK wrote:Is this regardless of my type of status? I want to leap for joy but I'll wait a minute

I don't have to be in the country for X amount of years? i know this applies if I want to have the children abroad but I plan on having them here... so I can move away and come back to have them here?
My understanding is yes, regardless.
See HO guidance:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- chapter 2, page 6
British citizenship otherwise than by descent
A child born in the UK to parents one or both of whom are British citizens is automatically a British citizen otherwise than by descent and does not need to be registered
So its a case of Rule Britannia - and all who sail in her!
Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 9:41 pm
by PandieK
noajthan wrote:PandieK wrote:Is this regardless of my type of status? I want to leap for joy but I'll wait a minute

I don't have to be in the country for X amount of years? i know this applies if I want to have the children abroad but I plan on having them here... so I can move away and come back to have them here?
My understanding is yes, regardless.
See HO guidance:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- chapter 2, page 6
British citizenship otherwise than by descent
A child born in the UK to parents one or both of whom are British citizens is automatically a British citizen otherwise than by descent and does not need to be registered
So its a case of Rule Britannia - and all who sail in her!
OMG! THANK YOUUUUUUUU!!!
Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 9:52 pm
by noajthan
PandieK wrote:OMG! THANK YOUUUUUUUU!!!
Just be aware of this...
The UK has a residency based healthcare system which means provision of NHS treatment is based on being ‘
ordinarily resident’ in the UK, not on nationality, payment of UK taxes or national insurance contributions, owning a property, being registered with a GP or having an NHS number.
A British citizen who resumes settled residence in the UK is immediately entitled to free NHS care. It is only if a British citizen resides only overseas and is visiting the UK that they may be charged.
For information about accessing services when visiting or moving to England see NHS Choices website:
http://www.nhs.uk/NHSEngland/AboutNHSse ... gland.aspx
Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 10:04 pm
by PandieK
Fantastic! Thanks for the heads up. Just read the chapter two of the pdf but I think I've been left even more confused (Or maybe I don't want to believe what I've read

) It says on page 7 that it wont be automatic

I am aware this applies if the child by a British by descent is born abroad. I'm just worried if the same applies to a child of a British by descent who has a child in the UK

Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 10:22 pm
by PandieK
noajthan wrote:PandieK wrote:OMG! THANK YOUUUUUUUU!!!
Just be aware of this...
The UK has a residency based healthcare system which means provision of NHS treatment is based on being ‘
ordinarily resident’ in the UK, not on nationality, payment of UK taxes or national insurance contributions, owning a property, being registered with a GP or having an NHS number.
A British citizen who resumes settled residence in the UK is immediately entitled to free NHS care. It is only if a British citizen resides only overseas and is visiting the UK that they may be charged.
For information about accessing services when visiting or moving to England see NHS Choices website:
http://www.nhs.uk/NHSEngland/AboutNHSse ... gland.aspx
Fantastic! Thanks for the heads up. Just read the chapter two of the pdf but I think I've been left even more confused (Or maybe I don't want to believe what I've read

) It says on page 7 that it wont be automatic

I am aware this applies if the child by a British by descent is born abroad. I'm just worried if the same applies to a child of a British by descent who has a child in the UK

Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 10:30 pm
by Obie
My colleague is correct.
section 1 (1)(a) does not make a distinction between British by descent and British otherwise than by descent.
Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 10:44 pm
by PandieK
Obie wrote:My colleague is correct.
section 1 (1)(a) does not make a distinction between British by descent and British otherwise than by descent.
Awww bless you both! Thank you so much for all the help! Now i can sleep well

Re: British by Descent - What are the dos and donts?
Posted: Mon Jun 20, 2016 10:47 pm
by noajthan
PandieK wrote:Awww bless you both! Thank you so much for all the help! Now i can sleep well

Page 7 is mainly about children born abroad.
Glad its clearer now.
Re: British by Descent - What are the dos and donts?
Posted: Tue Jun 21, 2016 4:05 pm
by Petaltop
noajthan wrote:
A British citizen who resumes settled residence in the UK is immediately entitled to free NHS care.
We should say that this is under present rules as the OP is talking about the future.
We still have the EU TIPP to worry about and what the means for the NHS.
http://www.independent.co.uk/voices/com ... 79688.html
Re: British by Descent - What are the dos and donts?
Posted: Wed Jun 22, 2016 2:12 pm
by ohara
For children born in the UK, there is no distinction between
by descent and
otherwise by descent as far as the parents are concerned. My mother was a British citizen by descent and my sister who was born in the UK inherited British citizenship (as well as two other citizenships

) automatically from her.
Re: British by Descent - What are the dos and donts?
Posted: Wed Jun 22, 2016 5:09 pm
by PandieK
ohara wrote:For children born in the UK, there is no distinction between
by descent and
otherwise by descent as far as the parents are concerned. My mother was a British citizen by descent and my sister who was born in the UK inherited British citizenship (as well as two other citizenships

) automatically from her.
Aha! Thank you!
Re: British by Descent - What are the dos and donts?
Posted: Wed Jun 22, 2016 5:12 pm
by PandieK
Petaltop wrote:noajthan wrote:
A British citizen who resumes settled residence in the UK is immediately entitled to free NHS care.
We should say that this is under present rules as the OP is talking about the future.
We still have the EU TIPP to worry about and what the means for the NHS.
http://www.independent.co.uk/voices/com ... 79688.html
You're absolutely correct! Thank you so much!