Child born in UK are allowed for British Citizenship?

[silverocks]

Hi All

I would like to know the following information which might help .
A child born here in UK then the child left the country with their own country passport. The child came back again with a entry clearance visa as dependent of the father just before her school or education started. Now she is 10 years old and the father or mother still not settled here. They need another 2 years to settle. So What is the best route for this family?
The child lawfully lived 8 years out of 10 years age and is there anyway the child can claim her british status. Thanks.

[noajthan]

Hi All

I would like to know the following information which might help .
A child born here in UK then the child left the country with their own country passport. The child came back again with a entry clearance visa as dependent of the father just before her school or education started. Now she is 10 years old and the father or mother still not settled here. They need another 2 years to settle. So What is the best route for this family?
The child lawfully lived 8 years out of 10 years age and is there anyway the child can claim her british status. Thanks.

A child who has lived first 10 years of life in UK (with minimal absences) can apply as a citizen - as per section 1(4) of BNA.
OR child may apply to register once one parent is settled in UK - as per section 1(3) of BNA.

[silverocks]

Thanks for your quick response.
I presume 2 years at the beginning of the child's life is not minimal absence so cannot really apply for citizen? So if the parents settlement doesn't approve and this child will face the same consequence as their parents? no choice but to leave although the child is born and started the education here.

[secret.simon]

Section 1(4) of the British Nationality Act 1981 entitles a child born in the UK to register as a British citizen if
a) the child has lived for the first ten years of his/her life in the UK
and
b) the absence in any individual year has not exceeded 90 days.

As the latter condition is not met in case of the child in your case, s/he can not be registered under the provisions mentioned above.

Once either parent gets settlement/ILR, the child can register as a British citizen, but not before then.

So if the parents settlement doesn't approve and this child will face the same consequence as their parents? no choice but to leave although the child is born and started the education here.

Yes.

[noajthan]

Thanks for your quick response.
I presume 2 years at the beginning of the child's life is not minimal absence so cannot really apply for citizen? So if the parents settlement doesn't approve and this child will face the same consequence as their parents? no choice but to leave although the child is born and started the education here.

The child is not British yet.

There is no claim to make an exception on the basis a child has completed some certain percentage of their education.

Best bet is to register child in 2 years time when s/he qualifies due to at least one parent settling in UK (as per your stated timeline).
If you think about it it doesn't really make sense if parents are not settled and so could up sticks and leave UK at the drop of a hat.