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Citzenship- born in UK, parent since got stay of leave

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

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pg1989
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Citzenship- born in UK, parent since got stay of leave

Post by pg1989 » Thu Apr 14, 2011 12:18 pm

Hello,
I am researching a case regarding an attempt to gain British citizenship which I'm sure has come up before but I can't find information on it anywhere. Any help would be greatly appreciated!
A baby was born in the UK, at the time neither her parents were British citizens. Her father has gained a stay of leave recently but did not have one at the time of the birth.
The child has never left the UK, surely she is entitled to some sort of national identity. Is there any way that she would be allowed to stay/ any relevant cases u can think of?

vinny
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Post by vinny » Thu Apr 14, 2011 12:42 pm

See also need for a dependent visa? How old is the child now?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

pg1989
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Post by pg1989 » Thu Apr 14, 2011 12:49 pm

thank you very much!!
So would you say under CHP 8 SECT 4A 2.3 that the child would indeed be allowed to stay in the UK as his father got a stay of leave??

pg1989
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Post by pg1989 » Thu Apr 14, 2011 12:51 pm

ps the child has only been born within the last year

pg1989
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Post by pg1989 » Thu Apr 14, 2011 1:02 pm

Also, the main issue I have with this.
Even if the child is allowed to stay, will it be granted British citizenship??? This is necessary as it gives the child an identity. Without it the child wouldn't be eligible for a birth certificate, wouldn't be allowed to attend school etc.
Would in your opinion the child be granted citizenship and after how long??

vinny
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Post by vinny » Thu Apr 14, 2011 1:22 pm

Child may register for citizenship if a parent is granted ILR or after child spends the first 10 years in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

kamalin10
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Re: Citzenship- born in UK, parent since got stay of leave

Post by kamalin10 » Thu Apr 14, 2011 3:26 pm

pg1989 wrote:The child has never left the UK, surely she is entitled to some sort of national identity.
why? Only cos she never left country been 1 year old? :)

pg1989
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Post by pg1989 » Thu Apr 14, 2011 8:19 pm

everyone deserves an identity and a chance to belong to somewhere. Is the child supposed to just go on without a nationality?? without British citizenship she won't be able to attend British school etc surely

joh118
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Post by joh118 » Thu Apr 14, 2011 9:55 pm

pg1989 wrote:everyone deserves an identity and a chance to belong to somewhere. Is the child supposed to just go on without a nationality?? without British citizenship she won't be able to attend British school etc surely
Since when do you have to be British to go to a British school? So if a foreign family immigrated to the UK with children aged 12 and 14, then they won't be able to attend school? That is a silly suggestion.

Fact: Any school aged children must attend school regardless of their nationality.

Please note, for a UK born child to gain UK citizenship, one parent must have Indefinite Leave to Remain. From looking at your original post, you seem to say you have Limited Leave to Remain? In which case, your baby is not British. The child can claim UK citizenship as soon as either/both parent get Indefinite Leave to Remain.

Alternatively, if the child resides in the UK up until the age of 10 (regardless whether the parents are overstayers and regardless whether the child has no status), then the child will have the right to register as a British Citizen.

Therefore, basically, you or the baby's father needs to get Indefinate Leave to Remain or live here until she is 10 years old.

kamalin10
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Post by kamalin10 » Fri Apr 15, 2011 6:42 am

pg1989 wrote:everyone deserves an identity and a chance to belong to somewhere. Is the child supposed to just go on without a nationality?? without British citizenship she won't be able to attend British school etc surely
It is simply not possible not to have nationality since it is inherited by birth. Child will have mothers nationality and should be registered (depending on the country surely) in her embassy, included in her passport and visa etc etc. get your consulate to advise you on the matter.

From my personal opinion those who have lived here for several years and have not learned anything about education system and citizenship to NOT deserve to get british citizenship at all.
joh118 wrote:
Please note, for a UK born child to gain UK citizenship, one parent must have Indefinite Leave to Remain.
If they are married, if unmarried – child will get mother’s status.

kamalin10
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Post by kamalin10 » Fri Apr 15, 2011 6:47 am

pg1989 wrote:Also, the main issue I have with this.
Even if the child is allowed to stay, will it be granted British citizenship??? This is necessary as it gives the child an identity. Without it the child wouldn't be eligible for a birth certificate, wouldn't be allowed to attend school etc.
Would in your opinion the child be granted citizenship and after how long??

Are you saying your child that is already born still has no birth certificate???? :shock: or this discussion is just fishing around for easy information??? :evil:

JAJ
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Post by JAJ » Fri Apr 15, 2011 11:46 am

pg1989 wrote:Also, the main issue I have with this.
Even if the child is allowed to stay, will it be granted British citizenship??? This is necessary as it gives the child an identity. Without it the child wouldn't be eligible for a birth certificate,
Every UK-born child gets a birth certificate - unless the parents (illegally refuse to register the birth) - but that does not make the child a British citizen.

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