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BC for children born before PR and after PR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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loveforlove
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Posts: 53
Joined: Thu Dec 08, 2011 9:34 pm

BC for children born before PR and after PR

Post by loveforlove » Sun Nov 19, 2017 3:47 pm

Hi all,

Could you please advise me on the following?

I'm currently pregnant and staying abroad in my home country. Both me and my husband are holding PR. How can we bring our future child to UK in case if he will be born outside of UK? Does the child have a right to apply for BC in this case?

Many thanks in advance!

Tanya

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Casa
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Re: BC for children born before PR and after PR

Post by Casa » Sun Nov 19, 2017 3:53 pm

I have split your post from the other member's thread which you had tagged your question onto. This is not only unfair to the other member but also causes confusion. Please continue to post here in your own topic.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
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Re: BC for children born before PR and after PR

Post by Casa » Sun Nov 19, 2017 4:01 pm

A child born abroad to settled parent(s) have no claim for BC until at least one parent applies for naturalisation.

How long do you intend to stay outside of the UK? There are absence limits when applying for British citizenship and PR can be revoked if you remain outside of the UK in excess of 2 years.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

loveforlove
Junior Member
Posts: 53
Joined: Thu Dec 08, 2011 9:34 pm

Re: BC for children born before PR and after PR

Post by loveforlove » Sun Nov 19, 2017 4:13 pm

Hi Casa,

Sorry for posting my message in a wrong thread and thank you for your reply.
I'm going to stay abroad for less than a year, so should be ok.

Thank you!

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: BC for children born before PR and after PR

Post by Casa » Sun Nov 19, 2017 4:20 pm

Bear in mind that if you or your husband are intending to apply for British citizenship, no more than 90 days absence in the 12 month period is permitted prior to submitting the application. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: BC for children born before PR and after PR

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.

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