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British Citizenship for Child born abroad to parents with ILR

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

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cardsman
Newly Registered
Posts: 7
Joined: Sun May 21, 2017 12:48 pm

British Citizenship for Child born abroad to parents with ILR

Post by cardsman » Wed Jul 04, 2018 9:28 pm

Hi All,

Struggling to get clear guidance/information on the subject. I and my wife are on ILR since end of March this year. I have two kids who were both born in the UK and have now been naturalised as UK Citizens and also have been issued British Passports.

My question is that if my wife gives birth to our third child while on ILR outside of UK, will the child be eligible for naturlisation as a UK citizen immediately after birth? If not then what would be the immigration status of the child that we would need to get to come back to UK?

Appreciate your help and guidance on this matter.

Thanks

secret.simon
Moderator
Posts: 11026
Joined: Thu Feb 21, 2013 9:29 pm

Re: British Citizenship for Child born abroad to parents with ILR

Post by secret.simon » Wed Jul 04, 2018 9:46 pm

cardsman wrote:
Wed Jul 04, 2018 9:28 pm
will the child be eligible for naturlisation as a UK citizen immediately after birth?
No.

If the child is born in the UK, the child will be born a British citizen.

If the child is born abroad, the status of the child will be in line with that of the less-privileged parent.

As both parents have ILR, the child's status will be the same.
cardsman wrote:
Wed Jul 04, 2018 9:28 pm
If not then what would be the immigration status of the child that we would need to get to come back to UK?
The child will need to apply for ILE (indefinite leave to enter, which is the same as ILR, but issued abroad).

The child will be eligible to register as a British citizen when one parent naturalises and both the child and the other parent have ILR/ILE.
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.

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