Post
by secret.simon » Tue Sep 26, 2023 3:29 am
There isn't a route for your child under the circumstances you have mentioned.
If a parent has acquired permanent residence under EU law or ILR under the Immigration Rules, a child born in the UK can be registered before their 18th birthday, but not beyond that date. After that date, the child does not have any ability to acquire British citizenship because of their parents immigration status.
If the child, having been born in the UK, had resided in the UK for the first ten years of their life (evidenced by things like doctor and school records), with absences of no more than 90 days in each of the ten years, then they would have a lifelong right to register as a British citizen. But, in your child's case, they left the UK too early.
In your child's case, they derive no advantage to British citizenship from having been born in the UK.
British citizenship is heavily focused on residency in the UK. It can only be passed automatically on to the first generation born abroad and by registration in some very limited cases (depending on how long the British parent had resided in the UK) to the second generation. It is not really designed for globally mobile people.
Re the Returning Resident visa, what visa is the German parent of your child going to apply for to come to the UK? Post Brexit, even German citizens will require visas to work and reside in the UK.
Any permanent residence acquired under the EEA Regulations/EU law will have been extinguished if not converted to Settled Status before or just after Brexit. That required an application to have been made by June 2021. I would presume that the Permanent residence for both your German partner and you is extinguished, if neither of you applied for Settled Status before that date. @alterhase58, you could go more into depth on this point.
On that point, if your German partner is coming to the UK on a visa, he may not be able to sponsor your daughter, who is an adult for the purposes of UK immigration law and will need to find her own way to the UK. UK immigration law is much stricter than EU freedom of movement law and has quite high income and other requirements, depending on number of children under the age of 18.
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.