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If one parent is British National

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Member99
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Posts: 30
Joined: Thu Apr 02, 2015 10:29 pm

If one parent is British National

Post by Member99 » Thu Jun 04, 2015 1:40 pm

Hi members,
1st qsuestion) I have a question. If I'm a British National. Can my child get the British citizenship straight way if the child born outside the EEA (in non-EEA) country, for example in india or pakistan. Or does child has to be inside the UK at the time of the birth?

2nd question) I just got a baby. I will get my British citizenship next year (at the moment I have Permanent Residency of UK). How my child will get the British citizenship, after getting my British citizenship? Does my child has to come and live in the UK for 5 years, then need to give test of english language and Life-in-the-UK test as well (when the child will be hardly 6 years old, after 5 years) to apply British citizenship?

I really would need to know the answers of these questions. If you guys can share your knowledge with me.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: If one parent is British National

Post by vinny » Thu Jun 04, 2015 1:43 pm

See also answers to similar questions.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Member99
Newbie
Posts: 30
Joined: Thu Apr 02, 2015 10:29 pm

Re: If one parent is British National

Post by Member99 » Thu Jun 04, 2015 2:04 pm

Thanks to try to help vinny. But I did not understand that answer about my situation.

My wife does not have ILR, only I have PR so far. Just got a baby back home. If I get Naturalisation next year. How my child can get naturalisation? Who was born BEFORE my naturalisation?

ALSO, how can the Future-Baby can get? if he/she born also in non-EEA country. But this time I will have naturalisation of UK.

in my situation, only I have the PR so far. No Naturalisation so far. if you can help me under my situation. please

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: If one parent is British National

Post by vinny » Thu Jun 04, 2015 2:10 pm

After your naturalisation, current child may register, if child and other parent are settled in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Member99
Newbie
Posts: 30
Joined: Thu Apr 02, 2015 10:29 pm

Re: If one parent is British National

Post by Member99 » Thu Jun 04, 2015 5:31 pm

I found this page in given links.

http://www.immigrationboards.com/britis ... ml#p592355

Could senior members tell me about the Question 1) , from part "born abroad" ?

I read this paragraph, but did not get the meaning clearly. Can senior member explain me this paragraphir please. " If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect that the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17. "

I tried to understand the section 9.17. But everything went over to my understanding. Please put some light with easy wording.

My situation
I'm PR holder of UK. Wife non-EEA national (she never been in UK). Got child this month. What should I do to get BC to my child? Which path is suitable? ALSO can do anything while child is away from UK?

secret.simon
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Posts: 11552
Joined: Thu Feb 21, 2013 9:29 pm

Re: If one parent is British National

Post by secret.simon » Thu Jun 04, 2015 8:05 pm

Quotes from document linked here
9.17.2 The most important criterion is that the child's future should clearly be seen to lie in the UK. A reliable indicator should be the applicant's and/or the family's past behaviour. If that suggests an established way of life in the UK, and we have no reason to think that this will not continue, we should accept at face value that the child intends to live here.

9.17.3 If there is any information to make us doubt that the child's future lies here, for example:
 the child, or one or both parents, has recently left the country for a period of more than six months
 the child is about to leave the United Kingdom
one or both parents is resident abroad,

we should write to clear up the point. If our doubts are serious, and we are still not satisfied this criterion is met, the application should be refused
As the child is born outside the UK before you got citizenship, the other parent will need to settle in the UK (ILR for non-EEA citizens) and then the child can register for British citizenship.

So the first step would be for the other parent to move to the UK and settle. Currently, it is a 5 year route to ILR as the spouse of a British citizen.

If your child is born in UK after you got PR, s/he is automatically a British citizen. So, now that you have got PR, I would suggest having any future children in the UK.

If your child is born after you become a British citizen, s/he will automatically be a British citizen wherever in the world s/he is born. However, if s/he is born outside the UK, s/he will not be able to pass on British citizenship to their children. So, your grandchildren may not be British.

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