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British Citizen registration

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

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

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hairyinuk
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Child born outside UK

Post by hairyinuk » Mon Aug 03, 2020 6:20 am

Hi
I am new to this site. Can anyone help me please?
I am an EU citizen with Settled Status residing in UK with my wife and 2 children.
My wife is a non EU with ILR Residence card under EUSS. My younger child is born UK and is British citizen by birth.
The elder child is born outside the UK but is a EU citizen with Settled Status under EUSS for more than a year. He is 13 years old. (Minor)
Now my question is:
Can my elder child apply for British Citizenship or can he be Registered as a British Citizen.
We as a parents does not want to become British citizens.
Is it possible for my child to get registered . Is there way. Is it possible. Please help me.

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CR001
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Re: Child born outside UK

Post by CR001 » Mon Aug 03, 2020 6:26 am

1. Please do not tag your questions onto other members topics.

2. Your child born abroad will qualify to apply for citizenship when either parent also applies or is already British.

If neither parent wants to apply, then the child will have to wait till they are 18 and apply in their own right as an adult, meeting all the requirements.
Char (CR001 not Casa)
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hairyinuk
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Posts: 4
Joined: Mon Aug 03, 2020 5:57 am
Portugal

Re: Child born outside UK

Post by hairyinuk » Mon Aug 03, 2020 6:42 am

Thanks for your reply.
Sorry I did say I am new and did not now how to start with new post. I am not a tech savvy.
Can he apply under HO discretion section 3(1). Is there any chance of him been registered.
Anyone being through this type of case.
Need help

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CR001
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Re: Child born outside UK

Post by CR001 » Mon Aug 03, 2020 6:59 am

Can he apply under HO discretion section 3(1). Is there any chance of him been registered.
Highly unlikely. If you take the risk and it is refused, you also lose your fee if £1022.

The rules state clearly that a child born abroad qualifies when either parent is also applying or is already British.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Child born outside UK

Post by secret.simon » Mon Aug 03, 2020 8:12 am

See from Page 27 onwards of the Registration of children as British citizens guidance for the requirements for children born outside the UK to be registered as children.

The registration of children born outside the UK is anyway at discretion and broad guidances lay out when the discretion to register them as British citizens should be exercised.

The expectation is for the child and one parent to have settled status/ILR/PR and for the other parent to either be or to have applied to become a British citizen.

Alternatively, as the child has settled status in their own right and is 13 years old, s/he can wait till their 18th birthday and apply for naturalisation in their own right, without any requirements to be met by their parents. They would of course have to meet all the requirements for naturalisation (absences, physical presence, English language, LITUK test, good character, etc) as adults themselves.
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.

hairyinuk
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Re: Child born outside UK

Post by hairyinuk » Mon Aug 03, 2020 8:49 am

Hi
Thanks CR001 and Secret Simon for replying to my queries.
Out of curiosity, is/ was there any similar case in your forum where the applicant was refuse citizenship or refused to be registered as British citizen. I know if it is refused I may lose £1022. It's a big amount. Any advice. Shall I go ahead or wait. I am confused.

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CR001
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Re: Child born outside UK

Post by CR001 » Mon Aug 03, 2020 8:51 am

Yes, there have been cases of such refusals.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hairyinuk
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Joined: Mon Aug 03, 2020 5:57 am
Portugal

British Citizen registration

Post by hairyinuk » Wed Aug 05, 2020 9:30 am

Hi everyone
I want your help here. I got a query.
Please share your experience if you had any of such case.
My query is that I want to register my son who is not born in the UK as a British citizen.
He is an EU citizen with settled status for more than a year. I am an EU citizen with Settled status and my wife is a non EU citizen with ILR residence card.
But me and my wife does not want British citizenship. So please can you'll help me with your experience if it is possible to register my son as British Citizen.
Many thanks

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CR001
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Re: British Citizen registration

Post by CR001 » Wed Aug 05, 2020 9:32 am

hairyinuk wrote:
Wed Aug 05, 2020 9:30 am
Hi everyone
I want your help here. I got a query.
Please share your experience if you had any of such case.
My query is that I want to register my son who is not born in the UK as a British citizen.
He is an EU citizen with settled status for more than a year. I am an EU citizen with Settled status and my wife is a non EU citizen with ILR residence card.
But me and my wife does not want British citizenship. So please can you'll help me with your experience if it is possible to register my son as British Citizen.
Many thanks
Topics merged!!!

The answer does not change to the advice given to you on 3rd August. The child does not qualify to apply for citizenship if both or one parent is not applying at the same time or at least one is already British and the other holds settled status. There is NO loophole or obscure unknown rule that allows this.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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