Post
by secret.simon » Sun Nov 19, 2017 5:22 pm
Children born abroad, whether before or after PR, have no automatic entitlement to British citizenship. They are granted British citizenship at the SSHD's discretion.
Currently, for the discretion to be exercised, the SSHD/Home Office looks for the following;
a) At least one parent either is a British citizen or is applying to be a British citizen.
b) The other parent AND the child hold ILR or PR or settled status in the UK
c) Depending on the age of the child, they will look at the period of time the child has resided in the UK and if the child meets the good character requirements.
If one parent holds PR AND the child is born in the UK, the child is a British citizen by birth and can apply directly for a British passport, no registration required.
If the child is born in the UK AND one parent acquires PR after the child's birth, the child is entitled (i.e. cannot be refused) to be registered as a British citizen if the conditions (i.e. parents PR) are met before the age of 18.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.