child citizenship

t0mmy · Post by **t0mmy** » Wed Mar 14, 2012 2:19 pm

Hi guys,

I am a british citizen currently out of UK. I gained my citizenship through my parents. I was NOT born in UK. I wanted to ask about my child's citizenship if he is not born in UK. Does he needs to born in UK to qualify for uk citizenship.

t0mmy · Post by **t0mmy** » Wed Mar 14, 2012 2:21 pm

a quick correction. The case is about a friend of mine.

Post by **Greenie** » Wed Mar 14, 2012 2:25 pm

See born overseas

British citizenship can generally only pass to one generation born abroad.

t0mmy · Post by **t0mmy** » Wed Mar 14, 2012 2:45 pm

Thanks for the quick reply.

the following last para explains it:

If you were born outside the United Kingdom or qualifying territory and your parents were British citizens by descent, you are not a British citizen. However, you may be able to apply to register as a British citizen (see registration of a child).

Please correct me if I am wrong. The child hence wont be british citizen if born abroad. If born in UK, then does he automatically becomes uk citizen?
Does the 'registration of a child' means automatic uk citizenship. Is it then a straight forward process?

Post by **Greenie** » Wed Mar 14, 2012 3:03 pm

See Can I register a child as a British Citizen

t0mmy · Post by **t0mmy** » Wed Mar 14, 2012 3:08 pm

Thanks again. I guess it wont be an issue for the child if born in uk.

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom

If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

Post by **Greenie** » Wed Mar 14, 2012 3:10 pm

you said the child was born outside the UK.

if the child was born inside the UK to a British Citizen parent he would be automatically British.

Post by **Jambo** » Wed Mar 14, 2012 4:53 pm

t0mmy wrote:The child hence wont be british citizen if born abroad. If born in UK, then does he automatically becomes uk citizen?

Correct.

Does the 'registration of a child' means automatic uk citizenship. Is it then a straight forward process?

No. Registration of a child means he is not automatic UK citizen from birth but that an application for Registration as a BC can be made with the supporting evidence + fee. If the HO approves the applications, the child is BC.

If the child BC parent has lived in the UK for 3 years before the child was born (section 3(2)) or the child lives in the UK for 3 years (section 3(5)), the child can apply for registration as BC.

t0mmy · Post by **t0mmy** » Wed Mar 14, 2012 5:26 pm

Thanks for the replies.
Let me make it clear. The child hasn't been born yet

but will be in future.
So we are looking for the best option for the child citizenship.
One of child's parent is BC NOT Both. The BC parent is NOT born in UK so BC by descent cannot be passed to the child if born outside UK- as mentioned by the ukba site and Greenie.

Let's assume:
1. if the child is born in UK - does he still needs to wait for 3 years and spend 3 years in UK before applying for BC. or can apply straight away.
2. If the child's parents continue living outside UK(so only come to UK for delivery). Would they need to spend 3 years with child in UK in order for child to qualify as BC? Section 3(5) as mentioned by Jambo states this . atleast thas what I have understood. Is that the case?

t0mmy · Post by **t0mmy** » Wed Mar 14, 2012 5:33 pm

OK my mistake didn't read 3(2) clear. this section applies to our case.
The child BC parent by descent needs to live for continuous 3 years before the child's birth in UK. It doesn't need to be the immediate 3 years before birth - somehow I thought the 3 year period is just before birth.

Post by **Jambo** » Wed Mar 14, 2012 5:54 pm

Just to make it clear.

If the child is born in the UK and one of his parents is British, he is British from birth. There are no residential requirements at all. they can show up just before the birth and leave afterwards.

If born outside the UK and the parent is British by decent, the child is not British from birth. He might be eligible to apply for registration if he meets the requirements under 3(2) or 3(5).

accablues · Post by **accablues** » Wed Apr 18, 2012 9:18 am

t0mmy wrote:OK my mistake didn't read 3(2) clear. this section applies to our case.
The child BC parent by descent needs to live for continuous 3 years before the child's birth in UK. It doesn't need to be the immediate 3 years before birth - somehow I thought the 3 year period is just before birth.

Hi Tommy, I am currently under the same dilema as your friend and trying to understand what is the best way forward. I'll appreciate if you can advise since you or your friend have already gone through the process.

Firstly, in simple lay man terms please explain what is the meaning of "by descent" or "otherwise than by descent"

Me and my wife are currently abroad, I am BC via naturalization route. If baby is born in UK , everything is straight forward, baby will get citizenship, passport, all the rights and they can transfer citizenship to their children in future without any problem even if they they were born outside UK.

Now what if my baby is born outside UK, what rights will they have, will they be BC , can they transfer citizenship to their children (born outside UK) or what other points do i need to consider

I am really confused, baby not born yet hence why need to make right decision before hand.

thanks and will wait for your reply

Post by **John** » Wed Apr 18, 2012 9:28 am

I am BC via naturalization route. If baby is born in UK , everything is straight forward, baby will get citizenship, passport, all the rights and they can transfer citizenship to their children in future without any problem even if they they were born outside UK.

All correct.

Now what if my baby is born outside UK, what rights will they have, will they be BC , can they transfer citizenship to their children (born outside UK) or what other points do i need to consider

If your child is born outside the UK they will be British by descent. That means that their children, that is your grandchildren, will only be British if they are born in the UK.

accablues · Post by **accablues** » Wed Apr 18, 2012 10:10 am

John wrote:
I am BC via naturalization route. If baby is born in UK , everything is straight forward, baby will get citizenship, passport, all the rights and they can transfer citizenship to their children in future without any problem even if they they were born outside UK.
All correct.

Now what if my baby is born outside UK, what rights will they have, will they be BC , can they transfer citizenship to their children (born outside UK) or what other points do i need to consider
If your child is born outside the UK they will be British by descent. That means that their children, that is your grandchildren, will only be British if they are born in the UK.

thanks - straight and precise.

will welcome any other comments - ta

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