Ziuta wrote:Dear All
The case isn't mine but of a close family member. She came with her husband to the UK in Nov 2000 on a student visa and continued renewing their student visa until May 2004 (all the time being in the UK legally), when they applied for WRS. In Oct 2006 their daughter was born. And there is my question is the child British citizen or not? They continue to work all the time and are residents in the UK, they never applied for PR. Many thanks for your advice.
If parent/s had acquired PR by the time the child was born (in UK) then child will be a British citizen.
If parents did not have settled status (PR) at time of birth then (assuming s/he was born UK) child will be entitled to register as a British citizen once
at least one parent acquires settled status or else naturalises as a BC.
Even if parents did not have PR at time of birth
at least one of them may have acquired PR by now;
that is if they have
exercised treaty rights continuously for 5 years in UK (& any absences from UK have been within prescribed limits).
Otherwise, after 10 years of life in UK a UK-born child can apply to register as a citizen
even if parents are not yet settled. Based on the stated timeline this could be sometime next year.
Ref: HO guidance:
https://www.gov.uk/government/uploads/s ... ations.pdf
