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Dear Sir or Madam,

I have an ILR but my wife does not. We are expecting a baby soon. I understand that my child born in UK will be British Citizen. Will he/she be British Citizen by Descent or non-Descent? Can he pass his citizen to his kids?

Also, my wife and I are planning to leave the country in 2 years and having maybe a second kid in three years.
Will it be better if we fly over to UK to give birth to our second child? We think that if we give birth to our second child in the UK he/she will be able to pass on the passport to second generation?

Have I understood things correctly? Many Thanks for help

S

Thank you very much for help on this

Under the current nationality laws, a child born in the UK who automatically acquires British citizenship through birth (because at least one parent is a British citizen or settled) will be a British citizen otherwise than by descent.

A child will only be a British citizen by descent if it is born outside the UK to at least one parent who is a British citizen otherwise than by descent. British citizenship only passes down one generation to children born outside the UK, so a child born outside the UK to a British citizen by descent will not be British.

If a child is born inside the UK to a parent who is a British citizen by descent, they will themselves be a British citizen otherwise than by descent.

As neither you or your wife is a British citizen, your children born outside the UK will not be British either.

Also, you might want to bear in mind that ILR is lost if absence from the UK is 2 years or more. Brief visits back during the 2 year period don't retain it.

Thank you Casa for pointing to that, i didnt know that ILR could be lost-Thats an important information you just gave me there. Thanks again!.

Ohara: From your answer I understand that once I get the British passport my child will be British citizen otherwise than by descent wherever I live as long as he/she is born in the UK. Is that correct?

Many Thanks

goodfaith wrote:...

Will it be better if we fly over to UK to give birth to our second child? We think that if we give birth to our second child in the UK he/she will be able to pass on the passport to second generation?

Just had a vision of you all flying over London in close formation with the baby stork.

http://www.todayifoundout.com/index.php ... ng-babies/

goodfaith wrote:Ohara: From your answer I understand that once I get the British passport my child will be British citizen otherwise than by descent wherever I live as long as he/she is born in the UK. Is that correct?

Many Thanks

Don't really understand the question. Having a British passport is irrelevant, it's citizenship that matters.

As it stands, since you have ILR, your child born in the UK will be British otherwise than by descent. The child will not lose British citizenship if you move away from the UK once it is born.

goodfaith wrote:Thank you Casa for pointing to that, i didnt know that ILR could be lost-Thats an important information you just gave me there. Thanks again!.

Ohara: From your answer I understand that once I get the British passport my child will be British citizen otherwise than by descent wherever I live as long as he/she is born in the UK. Is that correct?

Many Thanks

I think Casa might have just saved your bacon!

Hmm wonder what you will write on the BC application form for the question "where are you going to live after you get citizenship" which will indicate your future intentions....please be smart and careful with this.