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British citizenship by Birth
Posted: Sun Apr 21, 2019 8:59 pm
by JNA
Hi,
I'm a British citizen by descent (I was born outside the UK from a British father). I currently reside in Germany and pregnant. What should I do to make sure that my baby gets British citizenship as well?
Thanks
Re: British citizenship by Birth
Posted: Sun Apr 21, 2019 9:29 pm
by CR001
Have you ever lived in the UK?
Otherwise Move to the UK and have the baby in the UK. The child will then be British otherwise than by descent.
Re: British citizenship by Birth
Posted: Sun Apr 21, 2019 10:11 pm
by JNA
CR001 wrote: ↑Sun Apr 21, 2019 9:29 pm
Have you ever lived in the UK?
Otherwise Move to the UK and have the baby in the UK. The child will then be British otherwise than by descent.
No, only been in the UK for short visits. Is it enough if I just give birth to my child and then move back to Germany? Is there a specific residence period required?
Re: British citizenship by Birth
Posted: Sun Apr 21, 2019 10:19 pm
by CR001
Not sure if you would be subject to the 3 month habitual residence test.
Re: British citizenship by Birth
Posted: Sun Apr 21, 2019 10:32 pm
by secret.simon
JNA wrote: ↑Sun Apr 21, 2019 10:11 pm
Is it enough if I just give birth to my child and then move back to Germany?
Yes, there is no minimum residence period. Provided the child is born in the UK, the child will be a British citizen otherwise than by descent.
CR001 wrote: ↑Sun Apr 21, 2019 10:19 pm
Not sure if you would be subject to the 3 month habitual residence test.
I believe that the OP will be subject to the habitual residence test if she were to use the NHS.
Re: British citizenship by Birth
Posted: Mon Apr 22, 2019 4:03 pm
by JNA
secret.simon wrote: ↑Sun Apr 21, 2019 10:32 pm
JNA wrote: ↑Sun Apr 21, 2019 10:11 pm
Is it enough if I just give birth to my child and then move back to Germany?
Yes, there is no minimum residence period. Provided the child is born in the UK, the child will be a British citizen otherwise than by descent.
CR001 wrote: ↑Sun Apr 21, 2019 10:19 pm
Not sure if you would be subject to the 3 month habitual residence test.
I believe that the OP will be subject to the habitual residence test if she were to use the NHS.
I'm a British citizen by descent, would that give me the right to pass citizenship to my child regardless of the country of birth?
Providing the fact that I was born outside the UK.
Re: British citizenship by Birth
Posted: Mon Apr 22, 2019 4:48 pm
by CR001
No it does not. Your child would need a visa to come to the UK.
Child will only be British if born in the UK.
Re: British citizenship by Birth
Posted: Mon Apr 22, 2019 10:42 pm
by secret.simon
JNA wrote: ↑Mon Apr 22, 2019 4:03 pm
I'm a British citizen by descent, would that give me the right to pass citizenship to my child regardless of the country of birth?
No, the child would only be born a British citizen if the child was born in the UK. My original response alluded to the fact that there is no minimum residence period if the child is born to you in the UK.
If the child is born outside the UK, it will need a visa (based on the UK immigration status of the
less-privileged parent, in this case the other parent) and could be registered as a British citizen if, before the age of 18, the child has resided in the UK for three continuous years with both parents.