Children born to British citizen father

[hussain1988]

Hi guys if you could help

Children are very young born in Bangladesh to a British citizen father he didnt manage to bring them to UK for some reason he died all of a sudden. He was married to there mother.

Now how can the children's mother prove that her husband was British citizen all she might have is a islamic marriage certificate.

even if she can prove that her husband was British I dont think her children will be allowed to come to UK until there 18 cause home office dont like to separate parents as they are still young who are they going to live if allowed relatives are not helping in the first place.

All she can claim is child benefit and universal credit child tax element at the moment dont think she will be allowed to come at all only visit visa if children apply when they are 18 and over in future.

[alterhase58]

Just a few quick thoughts, others might comment:
If the father was British then his children will be British and could apply for a British passport if they have paperwork - the point about breaking up families doesn't really apply, the Home Office has no say about the migration of British citizens in or out of the UK. Where is his passport and if he was naturalised his certificate? Is the father named on the birth certificate? The marriage certificate only proves that he was married.

[secret.simon]

When did the British citizen father acquire British citizenship? Was it before or after the birth of the children?

How did the British citizen father acquire British citizenship? Was it by naturalisation, by registration (and if so, under which section of the British Nationality Act 1981) or was it by birth outside the UK to a British parent?

If either naturalisation or registration, does the mother have access to the British citizen father's naturalisation or registration certificate?

Is the British citizen's marriage to the mother recognised in Bangladesh? Was it carried out in the UK or in Bangladesh?

[hussain1988]

Father was british citizen when children was born in Bangladesh.

What im saying if mother has paperwork to prove that her husband was British citizen sp children get British passport if children are allowed to come who will they stay with the home office wont allow this as they will be have to be put into care.

Mother does not have paperwork how can she find out that her husband was British.

[hussain1988]

Father was british citizen when children was born in Bangladesh.

What im saying if mother has paperwork to prove that her husband was British citizen sp children get British passport if children are allowed to come who will they stay with the home office wont allow this as they will be have to be put into care.

Mother does not have paperwork how can she find out that her husband was British.

Just to clear things up I have found more information that there dad came to uk on bases of right to abode as his dad was British citizen.

Now they have been told they are not able to apply for British passport the children have to apply for British citizenship first then apply for passport is this information that they where told correct

[secret.simon]

Was the British citizen parent born in the UK or in Bangladesh?

If he was born in the UK, he would have been a British citizen otherwise than descent and his children are British citizens by descent automatically.

If he was born in Bangladesh himself, he was a British citizen by descent and his children can't inherit any status from him.

To the best of my knowledge, his children may not be able to apply for British citizenship in any way, other than as any other Bangladeshi person (i.e. apply for a work pr spouse visa when they become older).

British citizenship is limited to one generation born abroad. If the British citizen parent was that one generation born abroad, then the children can't acquire British citizenship automatically.

[hussain1988]

This is the letter sent from Home Office

13 October 2023

Dear

RE PASSPORT APPLICATION FOR (Childs Name)

Thank you for submitting a passport application for (childs name)

British nationality is a matter of law and we issue British passports to those that have a claim under the British Nationality Act 1981. This is decided mainly by a person's place and date of birth parents places and dates of birth. From the information available it would appear that Raka is not a British national

A person bom outside the UK will be a British citizen if, at the time of their birth:

their parents is a British citizen otherwise than by descent-such as by birth in the UK or registrations or naturalisation as a British citizen in the UK

their British citizen parent was born outside the UK to a parent who was in Crown, or similar service at the time of their birth. (This gives them British nationality other than by descent enabling them to pass on their British nationality).

As (Childs name) father was born in Bangladesh on 10 March 1972 to a British Citizen, (Fathers dad name) is a British Citizen by descent. As a result, (dads name) unable to pass this citizenship on to a child that was born outside of the United Kingdom. Therefore, because (childs name) was born outside of the UK, (childs nane) at present has no claim to British Nationality

If you want to apply for British citizenship for your child, you can get more information and the qurements to qualify for British citizenship from:

However, before doing so, you may want to consult the Bangladesh authoribes to see whether gang Brish citizenship would have any effect on xxxxx citizenship of that country

your child gains British citizenship they then be eligible to apply for a British passport However, you will need to provide the registration certificate

The fee has been retained to cover the cost of administering the application

Moderator edit: Child's name removed

[AmazonianX]

This is the letter sent from Home Office

13 October 2023

Dear

RE PASSPORT APPLICATION FOR (Childs Name)

Thank you for submitting a passport application for (childs name)

British nationality is a matter of law and we issue British passports to those that have a claim under the British Nationality Act 1981. This is decided mainly by a person's place and date of birth parents places and dates of birth. From the information available it would appear that Raka is not a British national

A person bom outside the UK will be a British citizen if, at the time of their birth:

their parents is a British citizen otherwise than by descent-such as by birth in the UK or registrations or naturalisation as a British citizen in the UK

their British citizen parent was born outside the UK to a parent who was in Crown, or similar service at the time of their birth. (This gives them British nationality other than by descent enabling them to pass on their British nationality).

As (Childs name) father was born in Bangladesh on 10 March 1972 to a British Citizen, (Fathers dad name) is a British Citizen by descent. As a result, (dads name) unable to pass this citizenship on to a child that was born outside of the United Kingdom. Therefore, because (childs name) was born outside of the UK, (childs nane) at present has no claim to British Nationality

If you want to apply for British citizenship for your child, you can get more information and the qurements to qualify for British citizenship from:

However, before doing so, you may want to consult the Bangladesh authoribes to see whether gang Brish citizenship would have any effect on Raina's citizenship of that country

your child gains British citizenship they then be eligible to apply for a British passport However, you will need to provide the registration certificate

The fee has been retained to cover the cost of administering the application

[secret.simon]

As the British citizen parent was himself a British citizen by descent, the children are not British citizens automatically.

If the British citizen parent had moved to the UK with the children and the other parent, or if they had made an application for registration as a British citizen while the British citizen by descent parent was still alive (and had met certain conditions), the children would have been British citizens and could move to the UK.

But as the British citizen parent is now deceased, I am not sure that that route exists anymore. The children will likely have to start from scratch as non-British Bangladeshis migrating to the UK.

[hussain1988]

Hi

that means mother cant claim child benefit etc...

Can they go to tribunal or something at least get the benefit rights if possible.

They have little money struggling.

[secret.simon]

If the mother and children are in the UK, what visa are they living in the UK on?

[hussain1988]

If the mother and children are in the UK, what visa are they living in the UK on?

There not living in UK there in Bangladesh

[secret.simon]

There not living in UK there in Bangladesh

If they are not in the UK and they are not British citizens, what would be the basis of any application for child benefit?

Not sure what even the Tribunal can do. The children are not British and not in Britain. They can apply for any Bangladeshi funds available to them, and they can apply for charity funds from any applicable UK charity that focuses on Bangladesh, but they don't have any claim to UK government funds.

[hussain1988]

There dad was British citizen via right to abode but we know a person who has obtained citizenship via right to obode can not pass down citizenship to his children.

So cant the mother claim child benefit claiming there dad was British citizen via right to abode if not there they are stuck nothing they can doo

[alterhase58]

Any claims there may have been due to the father holding citizenship normally cease with the death. Except for citizenship if the father could have passed it to their children which is not the case. It’s hard but it’s difficult to see what recourse to British law they may have.

[hussain1988]

They are stuck forever that means.

Most think that having a British citizen parent means child is automatically British most dont think to think that if there parent gained citizenship via right to abode they cant pass there citizenship to there children that are born outside the UK only if a parent holding British citizenship bought them here would of been better or had a pending application if parent died all of a sudden.

I understand why British government have done this

[secret.simon]

So cant the mother claim child benefit claiming there dad was British citizen via right to abode if not there they are stuck nothing they can doo

No. Because the father is dead and neither the children nor the mother are British or in the UK.

I'm not sure the father could have claimed child benefit for non-British children not living in the UK even if he were alive.

[secret.simon]

They are stuck forever that means.

Most think that having a British citizen parent means child is automatically British most dont think to think that if there parent gained citizenship via right to abode they cant pass there citizenship to there children that are born outside the UK only if a parent holding British citizenship bought them here would of been better or had a pending application if parent died all of a sudden.

I understand why British government have done this

It has been British nationality law since at least the 1950s, if not earlier, that British citizenship can only be inherited by one generation outside the UK. This is not new policy or law.

[vinny]

There dad was British citizen via right to abode but we know a person who has obtained citizenship via right to obode can not pass down citizenship to his children.

So cant the mother claim child benefit claiming there dad was British citizen via right to abode if not there they are stuck nothing they can doo

There may be a misunderstanding of terminology here. “ British citizen via right to abode” doesn’t make sense to me.

All British citizens have a right of abode. But not all people with a right of abode are British citizens, unless born from 1983.

Section 2(1)(a) prevents a British citizen by descent parent from automatically passing on British citizenship to child born outside the UK and qualifying territories.

[JB007]

All she can claim is child benefit and universal credit child tax element at the moment dont think she will be allowed to come at all only visit visa if children apply when they are 18 and over in future.

She can't have UK Public Funds and both of those are Public Funds.

As said, she will have to claim any welfare money from Bangladesh

[JB007]

I'm not sure the father could have claimed child benefit for non-British children not living in the UK even if he were alive.

He could not.
https://www.gov.uk/child-benefit-abroad

Universal Credit replaced the Tax Credit welfare benefit. From what I recall, Tax Credit was only meant to be a welfare benefit for those who lived in the UK as it was brought in as a "vote winner" (although a Labour Mininster called Tax Credits "a poverty trap"). Some Polish took the UK to court and said it should also be paid to their families still in Poland, and won. The new UK Welfare laws started their way through Parliament.

Out of the new Welfare laws came Universal Credit and it is so different to Tax Credit and to every other benefit UC replaces (except JobSeekers Allowance). UC can only be claimed by those who live in the UK and only by those those who can have Public Funds; nothing extra for a NRPF partner (as they could have with Tax Credits). Both parents to work; no more only working a few hours a week or not at all, or there is visits to the Job Centre (hence why UC can only be claimed in the UK now and a challange to pay outside the UK again would have failed). The 2 child limit came in ( which also caught those trying to hang on to Tax Credits instead). Unlike Tax Credit, Universal Credit will not support the claimants failing business after 12 months.

Those claiming Tax Credits in the EEA (as it paid more than that counyry) have also been affected as their Tax Credit ends and they have to claim from the EEA country. The UK government stated they hope to no longer need the HMRC Tax Credit staff after 2024, saving the UK taxpayers money.