Give birth abroad - not british citizen

[Whippino]

Hello,

my wife and I have been living in UK for the past 10 years, we both have the permanent residence card but not a british passport. As we are waiting our first baby we were considering to move few months to Italy to be close to the relatives and get some help. Does this mean our child will never get an UK passport?

[Casa]

If your child is born outside of the UK they will have to wait until they return to the UK and apply to be registered under discretion.

[Whippino]

hello, can you define "they"

my question is related to my child only, your answer looks like me and my wife want to apply?

[Casa]

hello, can you define "they"

my question is related to my child only, your answer looks like me and my wife want to apply?

They = he/she

Politer than saying 'it' for an unborn baby.

[Whippino]

hello, how unlikely can be refused? Is there any rule for the discretion or is good luck / bad luck?

thanks

[CR001]

Nothing about luck. It is discretion and yes it can be refused and will likely be refused if neither parent is British. Child will be automatically British if born in the UK.

[Casa]

The Home Office guidance for a child born outside of the UK to parents who are settled is:
9.17.9 We should normally expect that:
* at least one parent is a British citizen or
* one of the parents has applied to be registered or naturalised as a
British citizen and the application is going to be granted (if the
parent’s application is to be refused, we should normally refuse the
minor’s application as well);
9.17.18 The length of residence in the United Kingdom is less important for
children under 13. If we are satisfied that their future lies here, and
that registration would otherwise be appropriate, we need not
normally take into account the length of residence here. There will be
plenty of time for the children to establish their own personal
connections with the United Kingdom before they become adults.


However this is under the discretion of the Home Secretary who can refuse without having to give a reason.

Discretion = the freedom to decide what should be done in a particular situation.

[Whippino]

Thanks for all the info and quick answers.

so basically if I follow this option:
one of the parents has applied to be registered or naturalised as a
British citizen and the application is going to be granted (if the
parent’s application is to be refused, we should normally refuse the
minor’s application as well);

Baby is due the 20th of November

If meantime I pass the tests, and apply for the citizenship (and the application is going to be granted)
I should either get the citizenship just before the baby is born or just after it.

could this way work without major issues?

thanks

[Whippino]

"you have not been away for longer than 2 consecutive years"

can someone explain me exactly how does it work?

is it 183 days per calendar year?

[CR001]

"you have not been away for longer than 2 consecutive years"

can someone explain me exactly how does it work?

is it 183 days per calendar year?

No, it means absent and not living in the UK for years, then PR is lost.

[Whippino]

that's what I am trying to understand, 'absent' means?

If I spend 11 months abroad and 1 month in UK?
6 months + 1 day?

how do you calculate if someone is absent or not?

"you have not been away for longer than 2 consecutive years"

can someone explain me exactly how does it work?

is it 183 days per calendar year?

No, it means absent and not living in the UK for years, then PR is lost.

[secret.simon]

Also see this thread. Worth reading the whole thread.