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citizenship options for a foreign born baby of now UK citize
Posted: Mon Apr 02, 2012 9:42 am
by Directive/2004/38/EC
A parent with UK ILR had a baby outside the UK. After the baby is born, the parent naturalizes as a British citizen. The baby does not have British citizenship (yet).
What are the options for British citizenship for the baby once it move to the UK? Are there options for immediate registration or naturalization, or must the baby wait for 5 years before becoming British? Any particular requirement for the child to enter the UK on a particular basis?
Cheers!
Posted: Mon Apr 02, 2012 10:21 am
by Jambo
The child can
applyfor registration under section
3(1) which is application at discretion.
There are no residential requirements (if the child is young). However, the HO would expect the other parent to have settled status (ILR/PR) in the UK as well.
See more in Q1 & Q2 in
FAQ - most common questions - Children.
The child can enter with a
Child settlement visa.
Posted: Tue Apr 03, 2012 12:07 pm
by Directive/2004/38/EC
Jambo wrote:There are no residential requirements (if the child is young). However, the HO would expect the other parent to have settled status (ILR/PR) in the UK as well.
What if the non-British parent and baby entered the UK on the basis of EU free movement (in this case ECJ Singh because the British citizen was exercising their treaty rights in another EU member state)? Does that count as settled? Or is really only once the other parent gets PR that the child can be registered as a British citizen?
Posted: Tue Apr 03, 2012 1:28 pm
by Jambo
The HO would expect the other parent to hold PR status (5 years residence) if under the EEA regulations.
These are just the guidelines. They are not statutory requirements as the application is at discretion so an application can be made earlier but would require to demonstrate the child connection to the UK, where the child future lies etc.
Posted: Wed Apr 04, 2012 2:02 am
by Directive/2004/38/EC
Thank you!