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Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

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

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CraigB19
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South Africa

Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by CraigB19 » Sat Feb 16, 2019 10:13 pm

Hi all, so a rather complicated case here that I seem to be receiving many different explanations from various immigration advisors and need reliable info, I am desperate now.

My fiancé is in the UK on an ANCESTRAL VISA and her 6 year old daughter is also in the UK as a DEPENDANT on the ancestral visa. My fiancé is also pregnant and due in April 2019. We have been in the UK since 1 January 2019, so we have just paid for visas and IHS fees!

We have also just learned that my fiancé is entitled to British citizenship through decent as her father is British although he was not married to her mother at the time of birth.

So some basics here: my fiancé, born in South Africa in 1984 to a South African Mother and British father. Parents not married at time of birth and never did marry. We have been advised the paperwork to complete is UKF Form.

Where we are now struggling and the big questions:
When my fiancé becomes a BC, what happens to her daughters visa, particularly as we have JUST paid all the fees, does it remain as is?

The second part to this confusing question is with the newborns, yes, plural :shock:

If they are born before my fiancé becomes a BC(which they will I’m sure) will they be BC as the application will be in and my fiancé is technically British due to history or can they apply for BC or do I need to get them passports and visas in order for them to use the NHS(this would equate to nearly £5000 which not many people have just lying around, which I don’t, so what do I do????

secret.simon
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Re: Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by secret.simon » Sat Feb 16, 2019 11:58 pm

If the children are born on or after the date of the registration certificate of their mother, they will automatically be British citizens. If they are born before (even just the day before), they will not be British citizens automatically, but will need to be registered as British citizens themselves under Section 1(3), which will be about £1012 per child. So you may want to hurry on that Form UKF application.

Also, what is the UK immigration status of the father?

From another thread, I remember reading that all children born in the UK are covered by NHS care for their first three months. But I could be wrong. Wait for others to comment.
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.

CraigB19
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South Africa

Re: Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by CraigB19 » Mon Feb 18, 2019 8:23 pm

Fiancés daughter’s father is not on birth certificate and has no contact whatsoever.

I am the father of the newborns coming, I am on ancestral visa, my own one.

When you say registration, meaning that so long as we have handed in the paperwork (UKF) when the twins are born they will be BC so long as we do this before they’re born?

secret.simon
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Re: Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by secret.simon » Mon Feb 18, 2019 9:57 pm

CraigB19 wrote:
Mon Feb 18, 2019 8:23 pm
When you say registration, meaning that so long as we have handed in the paperwork (UKF) when the twins are born they will be BC so long as we do this before they’re born?
No, the children will be automatically British citizens only if the Home Office issues the registration certificate for the mother before the birth of the children.

Otherwise, for them to become British citizens is a separate registration process for each newborn child, each costing about £1000.
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.

CraigB19
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South Africa

Re: Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by CraigB19 » Tue Feb 19, 2019 8:45 pm

Thanks for the info, what about my fiancé’s 6year old daughter is currently in the UK as a dependant on my fiancé’s ancestral visa, does it remain as is for the period of time we paid for her visa or indefinite leave and we can request a refund of the ihs? Daughter was born in South africa

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CR001
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Re: Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by CR001 » Wed Feb 20, 2019 10:22 am

If your fiance becomes British, then the daughter will have to switch visa categories. She cannot remain as a ancestry dependent.
Char (CR001 not Casa)
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CraigB19
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South Africa

Re: Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by CraigB19 » Thu Feb 21, 2019 1:02 pm

To which category? This is what nobody seems to be able to help me with? I’ve been told by some immigration advisors indefinite leave to enter, is this correct?

If so, would I be able to request a refund of the balance on the IHS surcharge I had to pay? I had to pay for 5 years up front but if she goes into indefinite leave then IHS FEE Not required?

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CR001
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Re: Newborns born in UK but mum doesn’t have BC yet, HELP!!!!!

Post by CR001 » Thu Feb 21, 2019 1:51 pm

To which category? This is what nobody seems to be able to help me with? I’ve been told by some immigration advisors indefinite leave to enter, is this correct?
Child settlement visa on form FLR(M), she can apply to change within the UK.
If so, would I be able to request a refund of the balance on the IHS surcharge I had to pay? I had to pay for 5 years up front but if she goes into indefinite leave then IHS FEE Not required?
Possibly not.

https://www.gov.uk/healthcare-immigrati ... on/refunds
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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