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Citizenship to child born outside the UK?

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

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harshitguptaiitr
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Posts: 118
Joined: Wed Sep 16, 2015 1:25 pm
India

Citizenship to child born outside the UK?

Post by harshitguptaiitr » Wed Sep 16, 2015 1:53 pm

Situation: A child is born outside the UK to a married couple where father is settled in the UK (Indefinite Leave to Remain).

Will the child be given British citizenship automatically or does the child have to apply for citizenship?

Thanks.
Please DO NOT send me a Private Message for immigration advice.

My responses are not a substitute for professional legal advice. My response does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Citizenship to child born outside the UK?

Post by noajthan » Wed Sep 16, 2015 1:59 pm

harshitguptaiitr wrote:Situation: A child is born outside the UK to a married couple where father is settled in the UK (Indefinite Leave to Remain).

Will the child be given British citizenship automatically or does the child have to apply for citizenship?

Thanks.
A child born abroad will need to apply to register under appropriate section of BNA.

The child is not British automatically; the registration will be at discretion of the Home Secretary under UK Immigration Regulations.

This kind of case depends on the status of both parents AND whether one or other is British OR is applying to naturalise as a UK citizen.

What is the nationality / immigration status of mother?
Where is the child & what is their current immigration status - do they have ILR in UK?
Last edited by noajthan on Wed Sep 16, 2015 2:01 pm, edited 1 time in total.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Citizenship to child born outside the UK?

Post by vinny » Wed Sep 16, 2015 2:00 pm

harshitguptaiitr wrote:Situation: A child is born outside the UK to a married couple where father is settled in the UK (Indefinite Leave to Remain).

Will the child be given British citizenship automatically
No.

harshitguptaiitr wrote:or does the child have to apply for citizenship?

Thanks.
Yes.
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.
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secret.simon
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Posts: 11432
Joined: Thu Feb 21, 2013 9:29 pm

Re: Citizenship to child born outside the UK?

Post by secret.simon » Wed Sep 16, 2015 3:05 pm

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.

The UKV&I's policy when it comes to applications for citizenship of minors at discretion is that the status of the child is in-line with that of the less-privileged parent.

So, as asked by noajthan, what is the status of the mother?

Had the child been born in the UK, s/he would have been automatically British at birth.

harshitguptaiitr
Member
Posts: 118
Joined: Wed Sep 16, 2015 1:25 pm
India

Re: Citizenship to child born outside the UK?

Post by harshitguptaiitr » Tue Oct 13, 2015 9:36 am

Status of mother is PBS Dependent till December 2018.
Please DO NOT send me a Private Message for immigration advice.

My responses are not a substitute for professional legal advice. My response does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

secret.simon
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Re: Citizenship to child born outside the UK?

Post by secret.simon » Tue Oct 13, 2015 10:46 am

harshitguptaiitr wrote:Status of mother is PBS Dependent till December 2018.
The child will be likewise.
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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