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citizenship - by birth, registration or naturalisation?

General UK immigration & work permits; don't post job search or family related topics!

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scorz
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Posts: 20
Joined: Sat Sep 29, 2001 1:01 am
Location: Coventry

citizenship - by birth, registration or naturalisation?

Post by scorz » Tue Jun 15, 2004 9:05 am

our first born is due later this year. we were wondering if we could apply for his/her british citizenship.

initial investigations that i carried out suggest that i won't be able to do so. but there are options.

i am a work permit holder. my wife is a dependent. we still have 1 year to go before we can apply for an ILR (PR). i tried looking at the home office website and it seems i cannot apply for our first born's british citizenship at birth. here are the two articles/information references.

Leaflet BN9
Leaflet BN11

the other (and perhaps time consuming) option is to a year after PR, apply for citizenship based on naturalisation and then process child's citizenship.
has anyone of you, or anyone that you know of, been in similar situations? can anyone provide more information on this?

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jun 15, 2004 10:39 am

scorz wrote:our first born is due later this year. we were wondering if we could apply for his/her british citizenship.
Under the British Nationality Act 1981 and regulations made under it you can apply for your child to be registered as a British Citizen when/if:

1. You obtain ILR - where this is post birth as it appears it will be.

2. The child has resided in the UK for 10 years with not more than 90 days spent outside the UK - (1) will be achieved sooner.

You can always apply for registration "exceptionally" - I see no obvious grounds e.g. prevent statelessness (which the BNA 1981 accounts for anyway) for the Home Secretary to consider such.
scorz wrote:the other (and perhaps time consuming) option is to a year after PR, apply for citizenship based on naturalisation and then process child's citizenship.
has anyone of you, or anyone that you know of, been in similar situations? can anyone provide more information on this?
Not necessary. A child born to you in the UK when you hold ILR is automatically a British Citizen at birth (if only the father holds ILR then he must be married to the mother).

Chess
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Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Tue Jun 15, 2004 10:54 am

A child born to you in the UK when you hold ILR is automatically a British Citizen at birth (if only the father holds ILR then he must be married to the mother)

Kaya,

What happens if the mother has ILR? and the father hasnot got it - and they are not married :roll:
Where there is a will there is a way.

Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jun 15, 2004 12:07 pm

Chess wrote:Kaya,

What happens if the mother has ILR? and the father has not got it - and they are not married
The child would automatically be a British Citizen at birth if the mother has ILR when the child is born. The marriage requirement applies only where the father has ILR or British Citizenship but the mother has neither.

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