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Child born abroad to a British Citizen

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

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

sen3577
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Child born abroad to a British Citizen

Post by sen3577 » Thu Aug 01, 2013 8:17 pm

I am a British Citizen by Naturalisation and my wife is a ILR. My first child is a British Citizen.

She is pregnant now and we are planning to have the second baby in India. Could you please let me know whether

1) I am eligible to apply for a British Passport for my second child or do I need to apply for a indian Passport.

2) if I can apply for a British passport from India, what's the procedure and how long will it take.

Thanks and regards
Senthil

John
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Location: Birmingham, England

Post by John » Thu Aug 01, 2013 8:46 pm

Using your numbering :-
  1. As you have been Naturalised you are a British Citizen otherwise than by Descent. Accordingly your children will be British, wherever in the world they are born. So the new baby will be British from the moment of birth, even if born in India. But do appreciate that your baby will be British by Descent, and that means that their children will not be British unless born in the UK.
  2. Yes you can apply for a British Passport for the baby in India. Hopefully those who have applied in India will give you details of what to do.
It is clearly very important that you are named as father on the baby's birth certificate, otherwise severe problems might be encountered.
John

sokrates99
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Post by sokrates99 » Thu Aug 01, 2013 10:32 pm

Hello,
I might be in a similar position as sen3577 in a couple of months if my naturalisation is succesful. I am looking for answers to following questions which are related to the above ones:
A) i understand that a child born abroad to a naturalised parent becomes British by descent. Do i understand correctly that if that child comes to live in the UK for at least 3 years during their live then he/she will be able to pass citizenship to his/her children even if they are born abroad?
http://www.ukba.homeoffice.gov.uk/briti ... ornabroad/
I guess the law can change by the time my children have children.

B) when my child is abroad with the mother (Poland) can i apply for his/her first passport from the uk and have it sent to my uk address? It would be cheaper and quicker that way but im not sure if its allowed.

Thanks in advance!

Amber
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Post by Amber » Fri Aug 02, 2013 6:50 am

sokrates99 wrote:Hello,
I might be in a similar position as sen3577 in a couple of months if my naturalisation is succesful. I am looking for answers to following questions which are related to the above ones:
A) i understand that a child born abroad to a naturalised parent becomes British by descent. Do i understand correctly that if that child comes to live in the UK for at least 3 years during their live then he/she will be able to pass citizenship to his/her children even if they are born abroad?
http://www.ukba.homeoffice.gov.uk/briti ... ornabroad/
I guess the law can change by the time my children have children.

B) when my child is abroad with the mother (Poland) can i apply for his/her first passport from the uk and have it sent to my uk address? It would be cheaper and quicker that way but im not sure if its allowed.

Thanks in advance!
You're right that the child would be British if born abroad as you're British otherwise than by descent. However, the child would be British by descent and this wouldn't be changed if living in the UK. The link you supplied applies to children born abroad to parents who are British by decent and thus are needing to register before becoming British.

You should apply for a passport as per the Guidance. You could also consider (if the child has another non British passport) getting a certificate of entitlement as it can be quicker if applied abroad.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Jambo
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Post by Jambo » Fri Aug 02, 2013 8:58 am

sokrates99 wrote:Hello,
I might be in a similar position as sen3577 in a couple of months if my naturalisation is succesful. I am looking for answers to following questions which are related to the above ones:
A) i understand that a child born abroad to a naturalised parent becomes British by descent. Do i understand correctly that if that child comes to live in the UK for at least 3 years during their live then he/she will be able to pass citizenship to his/her children even if they are born abroad?
http://www.ukba.homeoffice.gov.uk/briti ... ornabroad/
I guess the law can change by the time my children have children.

B) when my child is abroad with the mother (Poland) can i apply for his/her first passport from the uk and have it sent to my uk address? It would be cheaper and quicker that way but im not sure if its allowed.

Thanks in advance!
1. Your understanding is correct. In that case, they could not pass the citizenship automatically but an application to register the child (your grandchild) as British can be made (there is also a fee involved).

2. At the moment, passport application needs to be done in the country the child is present. This might change in future as the UK is bringing all the handling of passport application (including ones from abroad) into the UK.

Berliner90
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Re: Child born abroad to a British Citizen

Post by Berliner90 » Thu Aug 07, 2014 4:34 am

Hello,

I'm just a bit confused and, I would appreciate it if you could help

I am British by naturalisation
my son born abroad here in Germany

I still not sure what to do or where to start?!
However my concern is that I want find a way
for my child to pass the nationality to his children!

I realised that I can register my baby abroad
but wasn't sure if register him will allow him to
pass the nationality to his children?
I mean would I benefit anything if I register him abroad?
or should I just apply for his passport?
Also what are the ways for my child to be allowed to pass the British citizenship to his children if he doesn't live in the UK?

IndiMarshall
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Re: Child born abroad to a British Citizen

Post by IndiMarshall » Thu Aug 07, 2014 9:58 am

Answer for your second question

I heard it is a long process - 16 weeks ..sometimes more...
During this period. Your passport might have to be with Indian Embassy.
They might ask you for address proof in India. Many birth related certificates etc.
One of the member's applicaiton here is cancelled 3 times here.. for various reasons...


british-citizenship/british-citizenship-for-new-born-baby-born-in-india-t155114.html#p1063705

Its not going to be easy... Give them a call and plan very very very very welll .. like say.. you come back to UK and send your travel documents by post for proof.. otherwise u may get stuck in India..

This is the process parents face when applying for Citizenship for Kid in India & kid born in India to Naturalzied father staying in UK.

Berliner90
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Re:

Post by Berliner90 » Thu Aug 07, 2014 5:16 pm

1. Your understanding is correct. In that case, they could not pass the citizenship automatically but an application to register the child (your grandchild) as British can be made (there is also a fee involved).
.[/quote]


so is Consular birth registration certificate counts as decent or otherwise? I mean can my son pass the citizenship to his children with this certificate?

DJ3000
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Re: Child born abroad to a British Citizen

Post by DJ3000 » Tue Jan 27, 2015 5:30 am

I was born in Jamaica in the 1980's from naturalized British father. He was living in the U.K. and was a British citizen from the 1970's. I am now a Canadian citizen, but I want to now what are the opportunities for me being born of a naturalized British parent?..even though I am in my late 20's..is it too late to seek these opportunities?

vinny
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Re: Child born abroad to a British Citizen

Post by vinny » Tue Jan 27, 2015 8:59 am

If your father was married to your mother, then you are also British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Asad1232009
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Re: Child born abroad to a British Citizen

Post by Asad1232009 » Mon Oct 12, 2015 6:36 am

Hi im a british by descent i was born in pakistan and have lived in the uk since 1994. I have a british passport.if i have a child outside the uk i.e in pakistan can i register the child as british???

vinny
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Re: Child born abroad to a British Citizen

Post by vinny » Mon Oct 12, 2015 7:16 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ABC_12345
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Interview question

Post by ABC_12345 » Wed Oct 28, 2015 11:36 am

Hi,

I wish to know from Gurus here what could be the reason for passport office to know whether father's or mother's name was changed "ever" for the application of their child for the UK passport? Just bit curious to know hence asking.
For the interview, this question was asked to me and I said that yes Father's ( which is me ) name was changed once BEFORE class 10th board exam but there after ALL official documents starting class 10th ( year 1990 ) certificate have new name in it. In India , atleast during that time name used to be considered official after class 10th certificate only unless some other document such as passport was made before that...

Infact If now they ask for a proof of name change then I will not be able to give because that was alsmot 25 years back... I doubt whether that school still exists where I studied with a different sir name...

mani78
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Re: Child born abroad to a British Citizen

Post by mani78 » Sun Nov 15, 2015 12:42 am

Hi i am British citizen since 2012(British passport holder) and my children born in Pakistan i have 2 sons and one daughter, my daughter is 13 years old and my one son is 6 years old and second son is 18 months old.I would like to bring them in UK. One son born after my citizenship and two children born before my citizenship. I was granted indefinite stay in UK in 2001. Can someone advice me can i apply British passport for them in Pakistan. Or do i need to apply from UK? at the moment i am settled in UK. Your advice will be appreciated.

Thanks in advance
Nasir Raja

vinny
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Re: Child born abroad to a British Citizen

Post by vinny » Sun Nov 15, 2015 12:51 am

The youngest child born after your naturalisation may apply for a British passport directly.

The other two may apply for entry clearances to the UK. What is the status of thier other parent?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Re: Child born abroad to a British Citizen

Post by secret.simon » Sun Nov 15, 2015 5:53 am

Any children born to you after you received your naturalisation certificate are British by birth, wherever in the world they were born. So,your youngest child is a British citizen by descent and can apply for a British passport.

Otherwise, children born abroad follow the status of the less-privileged parent. So, your other children will have the same status as their mother and will have to go with her through all the required entry clearances, renewals, ILR and finally British citizenship.
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.

mani78
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Re: Child born abroad to a British Citizen

Post by mani78 » Sun Nov 15, 2015 10:25 pm

Thanks for your reply my wife is not British she is Pakistani by birth. I ring home office passport cell they told me you have to register your child with home office and after that i can apply for British passport. My question is can i submit the application from UK or do i have to go to Pakistan with my all paper work and apply citizenship for them from Pakistan. Bit difficult for me to stay there for long because i am running a IT business in UK. I will ring them again to get more information from home office i send them an email but no reply. Also a friend of mine was on same boat he register his child in Pakistan because he moved to Pakistan and they get British passport after registration. I am unable to contact him due to dont have his contact number.

Help please

Thanks
Kind Regards
Nasir Raja

vinny
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Re: Child born abroad to a British Citizen

Post by vinny » Sun Nov 15, 2015 11:03 pm

vinny wrote:What is the status of thier other parent?
You have stated that your wife is not British.

What is the UK immigration status of your wife?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mani78
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Re: Child born abroad to a British Citizen

Post by mani78 » Mon Nov 16, 2015 11:05 pm

Hi my wife is Pakistani national by birth and i am British citizen by naturalisation in 2012.

Thanks
Kind regards
Nasir Raja

vinny
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Re: Child born abroad to a British Citizen

Post by vinny » Mon Nov 16, 2015 11:16 pm

What category of leave, if any, does she have in the UK?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Child born abroad to a British Citizen

Post by vinny » Tue Nov 17, 2015 12:08 am

secret.simon wrote:Any children born to you after you received your naturalisation certificate are British by birth, wherever in the world they were born. So,your youngest child is a British citizen by descent and can apply for a British passport.

Otherwise, children born abroad follow the status of the less-privileged parent. So, your other children will have the same status as their mother and will have to go with her through all the required entry clearances, renewals, ILR and finally British citizenship.
Simply put, your overseas born children should apply for entry clearance in line with your wife's. Hence, the reason we were asking about your wife's UK immigration status.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mani78
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Re: Child born abroad to a British Citizen

Post by mani78 » Tue Nov 17, 2015 11:51 pm

She is in Pakistan never come to UK. Or If i bring my family on visit visa for six months can i register my children in UK while they are in uk.

Thanks
Nasir Raja

vinny
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Re: Child born abroad to a British Citizen

Post by vinny » Wed Nov 18, 2015 12:05 am

Unlikely, without wife nor overseas born children having ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Re: Child born abroad to a British Citizen

Post by secret.simon » Wed Nov 18, 2015 12:43 am

Page 12 of Guide MN1 states:
Registration at the Home Secretary’s discretion – Section 3(1) application

Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.
Being settled in the UK means having ILR.

So, your wife must have at least ILR for the children born before you got British citizenship to be registered as British citizens.

No ILR for your wife, no citizenship for the children.

Also, I think your eldest daughter will have lost out because of lack of time. If your daughter is 13, in five years time (the amount of time it takes your wife to get ILR), she will be 18 and as an adult, she will need to get citizenship on her own (work or spouse visa), not through having a British citizen father.
mani78 wrote:Also a friend of mine was on same boat he register his child in Pakistan because he moved to Pakistan and they get British passport after registration.
How many years ago was this? Remember that the government has made it and is making it much harder to get British citizenship and that the rules even five years ago were much more permissive.

Also were your friend's children born in the UK? Did his wife have ILR? Before 2012, a spouse could get ILR in two years. Now it is a minimum of five years.
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.

mani78
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Re: Child born abroad to a British Citizen

Post by mani78 » Thu Nov 19, 2015 11:14 pm

Let me make it simple ......... can i register my 2 children in U.K but they are living in Pakistan.Can i submit registration form from UK while they are living in Pakistan or do i have to apply from Pakistan? My children never come to UK neither my wife. My 3rd son is already British because he born after my citizenship. I spend 2 years with my children it is very difficult to live without them everyday i talk to them on Skype by video calling. Please help as long as i know this is for sure that i can register my child in UK and after registration i can apply British passport for them.

Thank you very much guys who have been advising me and replying my posts. And i offer you free service of your computer and laptops.i am Computer Technician if any of you need any help on computer repair including apple product and laptops just drop me an email

Thanks again
Kid Regards
Nasir Raja

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