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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.

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?

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.

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.

Status of mother is PBS Dependent till December 2018.

harshitguptaiitr wrote:Status of mother is PBS Dependent till December 2018.

The child will be likewise.