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Unborn Child's Citizenship

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

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JohnDoe367
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Unborn Child's Citizenship

Post by JohnDoe367 » Thu Aug 22, 2019 10:33 am

Current Situation

Me & the mother of the child is not married, the mother is not british nor settled.
I'm naturalised British Citizen via the British Nationality (Hong Kong) Act 1990 (and not British Citizen by Descent).
The baby is due near December, and the baby will be born in the UK via privately paid health care.

A Solicitor have told me that the baby will need to be registered at birth via MN1.

I looked into the guidance for MN1, which state that British Citizenship is automatically acquired and no register required if some condition are satisfied, which for my child, is 1) born in the UK and 2) born to a parent who is a British Citizen.

Then my solicitor said that there's a difference between Naturalised British (Me) and Born British, and naturalised British do not have automatic parental citizenship rights.

Is that true? Is there a difference between Naturalised and Born British? If there is, what other difference is there between the two?

Thanks

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CR001
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Re: Unborn Child's Citizenship

Post by CR001 » Thu Aug 22, 2019 10:35 am

Your solicitor is talking nonsense.

If you are naturalised as British, you are British otherwise than by descent and can pass your citizenship on.
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joeano353
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Re: Unborn Child's Citizenship

Post by joeano353 » Thu Aug 22, 2019 11:31 am

i think the OP is confused about naturalization. He thinks he is naturalized because he is not British by birth. I dont know if Hong Kong citizens under HK law are considered British by naturalization.

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Re: Unborn Child's Citizenship

Post by joeano353 » Thu Aug 22, 2019 12:04 pm

Hong Kong British Citizens were registered as British, I dont know if its the equivalent of naturalization.

secret.simon
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Re: Unborn Child's Citizenship

Post by secret.simon » Thu Aug 22, 2019 12:31 pm

JohnDoe367 wrote:
Thu Aug 22, 2019 10:33 am
I'm naturalised British Citizen via the British Nationality (Hong Kong) Act 1990 (and not British Citizen by Descent).
You almost certainly are a British citizen by descent, if you were registered as the child of a person recommended for Birtish citizenship by the Governor of Hong Kong. The person so recommended for British citizenship would be a British citizen otherwise than by descent, while any children (and spouse) of such a person would be British citizens by descent.
Section 2 of the British Nationality (Hong Kong) Act 1990 wrote:(1)A person who is registered as a British citizen by virtue of section 1(1) above shall be treated for the purposes of the British Nationality Act 1981 (in this Act referred to as “the principal Act”) as a British citizen otherwise than by descent; and a person who is registered as a British citizen by virtue of Schedule 2 to this Act shall be treated for the purposes of that Act as a British citizen by descent.
Section 1(1) is the section for people who were recommended for British citizenship by the Governor, Schedule 2 deals with their spouses and children.

As an aside, you were registered as a British citizen and not naturalised, as mentioned above by joeano353.
JohnDoe367 wrote:
Thu Aug 22, 2019 10:33 am
British Citizenship is automatically acquired and no register required if some condition are satisfied, which for my child, is 1) born in the UK and 2) born to a parent who is a British Citizen.
As the child will be born in the UK and one of its parents is a British citizen, the child will be born a British citizen (otherwise than by descent).

For the purposes of passing British citizenship by birth in the UK, there is no distinction between the parent being British by descent or otherwise than by descent.
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.

JohnDoe367
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Re: Unborn Child's Citizenship

Post by JohnDoe367 » Thu Aug 22, 2019 2:12 pm

Ok, thanks for the replies.

So, I'm most likely British Citizen by Descent, that will not change even If I have my own registration certificate issued by Home Office?

Which means it is vital that my child is born in UK (not to mention the level of health care in the UK is still one of the better ones in the world) to establish her citizenship, rather than aboard, which although eventually she can still gain citizenship by other means, its just easier to be born her and have it automatically.

Whether I'm British by descent, otherwise than by descent, registered or naturalised or whatever other type there are, as long as it says British Citizen on my British Passport, I'm a British Parent and my child born in the UK will be British, no if or buts?

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Re: Unborn Child's Citizenship

Post by CR001 » Thu Aug 22, 2019 2:15 pm

Whether I'm British by descent, otherwise than by descent, registered or naturalised or whatever other type there are, as long as it says British Citizen on my British Passport, I'm a British Parent and my child born in the UK will be British, no if or buts?
Correct, if child is born in the UK.
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