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Baby Born In Uk

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Waleed01
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Baby Born In Uk

Post by Waleed01 » Fri Jun 17, 2016 4:19 pm

Dear Team

I hold British passport with British citizens by decent been qualified from British Overseas citizens and got the British Citizen Registration certificate as British Citizen in 2003 under section 4B.

I live in UAE and my wife is UAE national hold Emarati passport, she is pregnant and willing to travel to UK to give her birth over there.

The child when born is he/she qualified to get British Passport being me as father with British Citizen Certificate holder issued from Home Office UK and hold British Citizen Passport.

Means is the process is easy or needs to go for long steps as we need to travel back to Dubai for our job.

And what are the steps uf possible ?

Thank you

Waleed

secret.simon
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Re: Baby Born In Uk

Post by secret.simon » Fri Jun 17, 2016 4:39 pm

As you have been registered under Section 4B of the BNA 1981, you are a British citizen by descent under Section 14 (1)(d), as you stated.

The child will be a British citizen by birth if the child is born in the UK, but not if she is born abroad.

I am not aware of the nuances of Emarati nationality law, but I believe that it can be passed through the father only (please correct me if I am wrong). In such a case, as your wife is Emarati, the child would be born stateless if born outside the UK.

It is therefore highly advisable for your wife to give birth to the child in the UK.

You may also wish to give some thought to having your wife give birth in Ireland. As an EU citizen, you have a right to take your wife to Ireland and the child, if born in Ireland, will be a dual Irish/British citizen, which could become important later on if there is a Brexit.
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.

Waleed01
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Re: Baby Born In Uk

Post by Waleed01 » Fri Jun 17, 2016 4:49 pm

Dear simon

Thank you for your feedback

It's true that only through father in UAE can pass the passport

But is this process in UK is easy to obtain the passport

If you can explain in brief i will be thankful

What's are the documents and time frame

Is the child will have to register first and wait till its over then we can apply for the passport

Please accept my appreciation

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Casa
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Re: Baby Born In Uk

Post by Casa » Fri Jun 17, 2016 5:13 pm

You will also have to consider how your wife will enter the UK. As a visitor she won't be entitled to use NHS facilities and will have to arrange private medical treatment before she travels.
If you’re applying to visit for private medical treatment
You must prove that you:
have a medical condition that needs private consultation or treatment in the UK
have made or paid for arrangements for consultations or treatment
have enough money to pay for your treatment, support yourself without using public funds and pay for your return or onward journey
will leave the UK once your treatment is completed, or when your visa expires

are not a danger to public health if you’re suffering from an infectious disease, eg leprosy
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Waleed01
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Re: Baby Born In Uk

Post by Waleed01 » Fri Jun 17, 2016 5:45 pm

Dear Casa

In terms of funds no issues and we will use the private facilities available in UK for the delivery and rest of the medication process.

She will enter as visitor

My concern is the time frame will take to process the child passport and how easy its and rest of documents required to prepare them in advance.

Can you assist me with these informations

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Casa
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Re: Baby Born In Uk

Post by Casa » Fri Jun 17, 2016 5:53 pm

I'll let others better placed to advise on the timescale. However, I'm not sure what you mean about applying in advance as you can only apply once your child is born.
You must ensure your wife applies as a medical visitor with a letter from the consultant/medical practitioner confirming the pre-booking for the hospital/private clinic confinement.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Waleed01
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Re: Baby Born In Uk

Post by Waleed01 » Fri Jun 17, 2016 6:00 pm

Dear Casa

UAE national are not eligible to apply visa to UK recent to the visa wave law from UK

Last year we visited UK and she apply the visa online pre the travel date 2 days.

So the visa alway will be general visitors with 6 months

But we will be booked for hospital from our own arrange

Is this fine or will end with issues

Thank you

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Casa
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Re: Baby Born In Uk

Post by Casa » Fri Jun 17, 2016 6:09 pm

A word of caution, see the following link:
http://www.immigrationboards.com/immigr ... a#p1317583
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: Baby Born In Uk

Post by CR001 » Fri Jun 17, 2016 7:13 pm

You can apply for a child's passport using the one week fast track service.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Waleed01
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Re: Baby Born In Uk

Post by Waleed01 » Fri Jun 17, 2016 7:43 pm

Dear

What document are required for this passport issuance - so I be ready for them and bring them with me from UAE

Thank you

noajthan
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Re: Baby Born In Uk

Post by noajthan » Fri Jun 17, 2016 7:49 pm

All that is gold does not glitter; Not all those who wander are lost. E&OE.

ohara
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Re: Baby Born In Uk

Post by ohara » Fri Jun 17, 2016 7:51 pm

Waleed01 wrote:Dear

What document are required for this passport issuance - so I be ready for them and bring them with me from UAE

Thank you
Passports and citizenship are different things, but generally you need to be a citizen of a country to get a passport from that country.

As you are a British citizen, if your child is born in the UK the child will automatically be a British citizen. You will need the child's birth certificate and also your own birth certificate and proof of your British citizenship.

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Re: Baby Born In Uk

Post by Richard W » Fri Jun 17, 2016 8:35 pm

secret.simon wrote:You may also wish to give some thought to having your wife give birth in Ireland. As an EU citizen, you have a right to take your wife to Ireland and the child, if born in Ireland, will be a dual Irish/British citizen, which could become important later on if there is a Brexit.
I don't see how the child would be British if born outside Her Majesty's domains. Now, if the child would be entitled to no other nationality, it would be Irish, but otherwise it is likely not to be Irish until an Irish passport is applied for for it (entitlement through the father because of place of birth).

vinny
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Re: Baby Born In Uk

Post by vinny » Sat Jun 18, 2016 12:23 am

Birth in Northern Ireland?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Aaron-Law
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Re: Baby Born In Uk

Post by Aaron-Law » Sat Jun 18, 2016 8:42 am

Richard W wrote:
secret.simon wrote:You may also wish to give some thought to having your wife give birth in Ireland. As an EU citizen, you have a right to take your wife to Ireland and the child, if born in Ireland, will be a dual Irish/British citizen, which could become important later on if there is a Brexit.
I don't see how the child would be British if born outside Her Majesty's domains. Now, if the child would be entitled to no other nationality, it would be Irish, but otherwise it is likely not to be Irish until an Irish passport is applied for for it (entitlement through the father because of place of birth).
Hi Richard,
Good Morning!

"Secret Simon" is right the child if born in either Northern Ireland or the Republic of Ireland will still be entitled to Irish citizenship and British citizenship by birth.
The child of a British citizen is British by birth irrespective where is it born. Apart from certain conditions.

Let's take a scenario:
A British couple went for a holiday to Japan without realizing that the wife was pregnant. Half way through their vacation the baby arrives. Now the Baby is born in Japan. But Japan does not confer it citizenship to foreigners! The child will not become a Japanese citizen. The child is still British, only trouble is explaining the British authorities and getting the travel documents will be a nightmare for the family.

Even if the child is born in the UAE the child should ideally get his/ her British passport as the father passes the citizenship to his child.
Considering the fact that birth parents are happy to spend on private medical care they are probably trying to skip the red tape that they would have to go through in UAE. As the national law is a bit tricky (Sharia & rights of the father). I am sure they must have their reasons for having their baby in the father's country of citizenship or equivalent.

I hope this clears the doubts.

Thank you,
Best regards,

Aaron.

vinny
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Re: Baby Born In Uk

Post by vinny » Sat Jun 18, 2016 8:50 am

Aaron-Law wrote:The child of a British citizen is British by birth irrespective where is it born. Apart from certain conditions.
For example, if neither parent is British otherwise than by descent, then child born overseas may not be British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Waleed01
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Re: Baby Born In Uk

Post by Waleed01 » Sat Jun 18, 2016 10:13 am

Dear Aaron

The only reason we have that the child will be stateless if he born in UAE as I cant pass the citizenship being granted as British Citizen by Decent and the law in UK was not clear for me till I got the answer from this discussion..

In UAE its impossible to get nationality through the mother or by birth - so we don't want to end up with big problem we cant solve it with the new baby.

I read on article please correct if its wrong :

Children, who are born in the UK on or after 21 May 2002, or in a qualifying territory, will always be British citizens otherwise than by descent if, when the child is born, one of the parents is:
• a British citizen (it does not matter whether the parent is a British citizen by descent or otherwise than by descent); or
• settled in the United Kingdom; or
• Settled in a qualifying territory. Settled means you are usually resident there without being restricted, under the immigration laws, as to how long you can stay there

for us the cost of privet medical is not headache as far the baby will get the British Citizen Passport direct without any steps to follow such as registration and etc..

Hope to get the positive feedback always...

Thank you

noajthan
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Re: Baby Born In Uk

Post by noajthan » Sat Jun 18, 2016 11:31 am

Waleed01 wrote:I read on article please correct if its wrong :

Children, who are born in the UK on or after 21 May 2002, or in a qualifying territory, will always be British citizens otherwise than by descent if, when the child is born, one of the parents is:
• a British citizen (it does not matter whether the parent is a British citizen by descent or otherwise than by descent); or
...

Hope to get the positive feedback always...

Thank you
You have not said where the article is from and the date of the article quoted.

Anyway you need not have worried that your move abroad was going to turn into an expensive mistake for your child.

The forum FAQS are always a good place to start:
http://www.immigrationboards.com/britis ... l#p1343774

And the MN1 guidance is also very clear - that's all you need:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- chapter 2, page 6
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ohara
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Re: Baby Born In Uk

Post by ohara » Sat Jun 18, 2016 11:34 am

Children, who are born in the UK on or after 21 May 2002, or in a qualifying territory, will always be British citizens otherwise than by descent if, when the child is born, one of the parents is:
• a British citizen (it does not matter whether the parent is a British citizen by descent or otherwise than by descent); or
• settled in the United Kingdom; or
• Settled in a qualifying territory. Settled means you are usually resident there without being restricted, under the immigration laws, as to how long you can stay there
This is correct

vinny
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Re: Baby Born In Uk

Post by vinny » Sat Jun 18, 2016 11:57 am

Being born in the UK has its advantages.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Waleed01
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Repeated Inquiry about if Baby Born In UK

Post by Waleed01 » Wed Jul 27, 2016 2:19 am

Dear All

I know this repeated story but some information needed to be update on my quotation

I born in UAE Dubai and I hold British citizen passport by descent with registration certificate under section 4B been qualified from my British overseas citizen passport.

Earlier - Since I born in Dubai I was having the British overseas citizen this was from my parents (both are born in Aden Yemen colony) who were having British overseas citizen since that time, as well as my grandfather who was having the British passport.

My parents also got the qualified to British citizen registration certificate and hold British citizen passports currently, however all of us are under the same section which is 4B as described by descent.

I live in Dubai as it’s my main home and working here as well with my wife.

My wife is none British national and we are excepting to have new born baby soon and we have contacted the British embassy for inquiry regarding the child passport they advised that being British citizen by descent does not have the ability to transmit the nationality and issue passport to my children if they born in Dubai and the child will end up with stateless in UAE (my wife can’t transmit her nationality as per her country law),

However if my wife give the birth and to be born in UK and my name is mentioned and indicated in the birth certificate of the child the baby is entitled for the passport automatically.

Is this information is correct ? is the current British citizen nationality I have is sufficient to transmit it to my baby if born in UK and issue the passport immediately or must see the previous category of my British nationality which was oversees citizen and build some requirements and decision on.

If I am not permanent residence in UK will this also affect the issue of the baby passport.

We are very worried about the states of our baby and we need proper gaudiness as might be some information we are not aware about it and get surprised when we reach UK.


Thank you and hope to hear from you soon

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Baby Born In Uk

Post by vinny » Wed Jul 27, 2016 2:25 am

M.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Repeated Inquiry about if Baby Born In UK

Post by vinny » Wed Jul 27, 2016 2:33 am

Waleed01 wrote:However if my wife give the birth and to be born in UK and my name is mentioned and indicated in the birth certificate of the child the baby is entitled for the passport automatically.

Is this information is correct ?
Yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Waleed01
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Joined: Fri Jun 17, 2016 4:02 pm

Re: Baby Born In Uk

Post by Waleed01 » Wed Jul 27, 2016 3:37 am

Dear Vinny

Thank you

What about my concerns regarding the:

Must see the previous category of my British nationality which was oversees citizen and build some requirements and decision on.

And

I am not permanent residence in UK will this also affect the issue of the baby passport issuance.

I gave full information on my category I wish if someone with similar case or expert give me a gaudiness

Thanks

Waleed01
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Posts: 28
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Repeated Inquiry about if Baby Born In UK

Post by Waleed01 » Wed Jul 27, 2016 3:48 am

Dear All

I know this repeated story but some information needed to be update on my quotation

I born in UAE Dubai and I hold British citizen passport by descent with registration certificate under section 4B been qualified from my British overseas citizen passport.

Earlier - Since I born in Dubai I was having the British overseas citizen this was from my parents (both are born in Aden Yemen colony) who were having British overseas citizen since that time, as well as my grandfather who was having the British passport.

My parents also got the qualified to British citizen registration certificate and hold British citizen passports currently, however all of us are under the same section which is 4B as described by descent.

I live in Dubai as it’s my main home and working here as well with my wife.

My wife is none British national and we are excepting to have new born baby soon and we have contacted the British embassy for inquiry regarding the child passport they advised that being British citizen by descent does not have the ability to transmit the nationality and issue passport to my children if they born in Dubai and the child will end up with stateless in UAE (my wife can’t transmit her nationality as per her country law),

However if my wife give the birth and to be born in UK and my name is mentioned and indicated in the birth certificate of the child the baby is entitled for the passport automatically.

Is this information is correct ? is the current British citizen nationality I have is sufficient to transmit it to my baby if born in UK and issue the passport immediately or must see the previous category of my British nationality which was oversees citizen and build some requirements and decision on.

I am not permanent residence in UK will this also affect the issue of the baby passport.

We are very worried about the states of our baby and we need proper gaudiness as might be some information we are not aware about it and get surprised when we reach UK.


Thank you and hope to hear from you soon

Locked