British by Descent

Hi

I am Uk Citizen (naturalised). My daughter was born in Morocco in 2020 (during the covid crisis) as a result she is british by descent. I was in a temporary mission in Morocco back then (still in Morocco on and off).

Due to flight restrictions at that time, we could not organise our flight to the UK for our daughter s birth and she was born in a private clinic in Morocco.

Had the covid not existed my daughter would have been born in the Uk and would be British otherwise than by descent.

My question: Can the home office understand these exceptional circumstances and change my daughter's passport to british otherwise than by descent as opposed to British by descent?

I am guessing not but i am just asking the question anyway.

Thank you

Not possible. Nationality law is as stated and ykvi cannot change the laws to suit your circumstances.

What do you believe the benefit would be if a change was possible? Her passport merely states she is British, it doesn't make the distinction of being British by descent.

Thank you for your response.

Right now i agree there is no benefit but maybe in the future there will be as she ll be able to pass on the citizenship.

She can pass her citizenship on automatically to her children if her children are born in the UK.

CR001 wrote: ↑

Tue Jul 05, 2022 2:17 pm

Not possible.

CR001 is correct.

Yes that I am aware but as of now she has no nhs number or track record as she was not born in the UK.

i suppose there is nothing i can do....

She ll probably need to go private

bravopapa wrote: ↑

Tue Jul 05, 2022 2:29 pm

Yes that I am aware but as of now she has no nhs number or track record as she was not born in the UK.

Which she will get when she does ever move to the UK and registers with a GP. Perhaps you are over-complicating your thought process.

Many British citizens born abroad move to the UK without any issues or hassle.

Thanks.

I agree about complicated thought process but at the end I am just a father that is concerned about my daughter s future .

Citizenship status (by descent or otherwise than by descent) is not a decision to be made by the UKVI.

It is an outcome of the law (Section 14 of the British Nationality Act 1981) based on facts (how the child acquired British nationality) and not a discretionary choice of the UKVI or the Home Office.

As vinny and CR001 have advised above, the child will not have any problems with moving to the UK. The only difference will be if the child themselves has children abroad in the future.

When the child's child (your grandchild) makes their first passport application, they will have to prove by original documents their right to British citizenship. It is at that time that your child's birth certificate will demonstrate her place of birth and therefore her "by descent" status.

Thank you for your reply.

Also as the others said : arranging a birth in the UK would solve the problem...

Clealry living outside the UK with a british passport has no advantages at all. My wife has no right to ILR or citizenship--she cannot even visit the UK without a visa. My kids get to pay the international student fees if they ever decide to move back to UK (that's a tough one). I guess there is no way around this?

bravopapa wrote: ↑

Wed Jul 06, 2022 9:33 am

Thank you for your reply.

Also as the others said : arranging a birth in the UK would solve the problem...

Clealry living outside the UK with a british passport has no advantages at all. My wife has no right to ILR or citizenship--she cannot even visit the UK without a visa. My kids get to pay the international student fees if they ever decide to move back to UK (that's a tough one). I guess there is no way around this?

I'm sure you're aware that just cause a British Citizen marries a foreigner, before or after they acquire BC, doesn't give the spouse the right to live and work in the UK. Most definitely, it doesn't make the spouse British either.
Everyone has to go through the ropes.

Even the Queen's grandchild would face a bit of the bureaucracy. It just might be fast tracked, but it is what it is.

It is what it is.

What bothers me the most is that my kids dont get the right to study in the UK at the home rate.

Which means i ll have to consider relocating to the UK at least three years before the start of the university.

bravopapa wrote: ↑

Wed Jul 06, 2022 10:02 am

Which means i ll have to consider relocating to the UK at least three years before the start of the university.

Where the child was born would make no difference to this requirement. Even a UK born child would need to meet this requirement.

And as I had mentioned in another thread (which was also started by you), the UK immigration and citizenship system is geared more towards residence in and connection to the UK than to citizens living abroad most of the time.

Dear Secret.simon

Thank you for reminding me.

When you talk about residence. Do you mean my residence or my child residence?

If I live on my own in the UK while my family is abroad, would the home office or the university consider the whole family as resident (since they financially depend on me) or just me?

Sorry for asking too many questions or sounding confused. In France for example, I know many families who created companies in France and checked the box of 'residence'. The father created a company or subsidiary in France and flew back and forth while the family stayed abroad. The whole family was considered as a resident. A bit complicated but it worked.

bravopapa wrote: ↑

Wed Jul 06, 2022 10:02 am

What bothers me the most is that my kids dont get the right to study in the UK at the home rate.

Which means i ll have to consider relocating to the UK at least three years before the start of the university.

British universities are funded by the British taxpayers. Most students do not clear their student debt after decades and that bill is paid by the British taxpayer.

Previous governments have talked about 50% of that student loans debt bill, being paid for by the university the student studied at. Which would ensure the universites only ran courses where the student would be a high earner and make the universities take care over the ability of the students they enrolled.

Being a British citizen does not give the right to have British taxpayers pay for them. It's the same with visiting British citizens (even those who have paid their working taxes to Britain) they pay to use the NHS when they visit, unless there is an exemption

bravopapa wrote: ↑

Wed Jul 06, 2022 11:22 am

When you talk about residence. Do you mean my residence or my child residence?

Presuming that it is the child that will be going to university, it will be the child's residence that is material.

bravopapa wrote: ↑

Wed Jul 06, 2022 11:22 am

If I live on my own in the UK while my family is abroad, would the home office or the university consider the whole family as resident (since they financially depend on me) or just me?

Just you.

bravopapa wrote: ↑

Wed Jul 06, 2022 11:22 am

In France for example, I know many families who created companies in France and checked the box of 'residence'. The father created a company or subsidiary in France and flew back and forth while the family stayed abroad. The whole family was considered as a resident. A bit complicated but it worked.

Well, we are not France, are we?
The only time I can think that an overseas residence would be considered residence in the UK (to the best of my knowledge) is when the person is sent abroad on Crown Service (typically military or diplomatic postings). And even then there are some conditions, such as, the recruitment of the person taking place in the UK and they then being posted abroad. In such a case, for some purposes (such as immigration and naturalisation), the overseas residence is considered as if it were UK residence. But I am not sure if that would automatically extend to student financing applications.

Thank you for your response secretSimon. Very clear!