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Citizenship rights to baby born abroad to naturalised brits

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

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H_manatee
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Citizenship rights to baby born abroad to naturalised brits

Post by H_manatee » Tue Mar 25, 2014 12:48 pm

Hello,

My wife and I are naturalised British citizens of Indian origin, currently working and settled in the UK. My wife is now pregnant and we intend for her to have the delivery in India.

We have a couple of questions:

1. As I am told our baby will be British citizen by descent, whether there is any difference in rights/privileges on baby's British citizenship due to the birth taking place abroad, in comparison to the birth in the UK if that were to happen? Is there anything more we need to do later (registration etc.) in order to have the same level of privilege/status to a baby born in the UK? Our intention is that our baby's future generation should not lose the right to British citizenship just because of the delivery abroad.

2. This may not be the appropriate question to ask on this forum but my wife currently works in Britain and, as far as we know, she will be eligible for maternity pay as per the law. But I wanted to know if there is any unwitting violation of the law on our part when she receives this maternity pay while being abroad?

Best wishes,

..

sidhujazz
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Posts: 142
Joined: Thu Oct 10, 2013 3:21 pm

Re: Citizenship rights to baby born abroad to naturalised br

Post by sidhujazz » Tue Mar 25, 2014 2:33 pm

1. As I am told our baby will be British citizen by descent, whether there is any difference in rights/privileges on baby's British citizenship due to the birth taking place abroad, in comparison to the birth in the UK if that were to happen? Is there anything more we need to do later (registration etc.) in order to have the same level of privilege/status to a baby born in the UK? Our intention is that our baby's future generation should not lose the right to British citizenship just because of the delivery abroad.

Baby will be a british citizen regardless of county of birth, you will have apply for a registration for the baby at a british embassy in india.

I do not know the answer to your second question.

man4uni
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Joined: Thu Jun 17, 2010 11:12 pm
Location: London

Re: Citizenship rights to baby born abroad to naturalised br

Post by man4uni » Tue Mar 25, 2014 2:43 pm

H_manatee wrote: 2. This may not be the appropriate question to ask on this forum but my wife currently works in Britain and, as far as we know, she will be eligible for maternity pay as per the law. But I wanted to know if there is any unwitting violation of the law on our part when she receives this maternity pay while being abroad?

Best wishes,
..
As per the link below it seems your wife can travel and she still gets SMP paid.

If you go to live or visit abroad
Once you become entitled to or if you are already getting SMP and then go abroad, your employer must pay you SMP.

http://www.nidirect.gov.uk/statutory-maternity-pay

H_manatee
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Re: Citizenship rights to baby born abroad to naturalised br

Post by H_manatee » Tue Mar 25, 2014 3:32 pm

Thanks Man4Uni. That's now clear.

Sidujazz -

My understanding so far was that babies born overseas to British parents only need to apply for the British passport via the British embassy by supplying the local birth certificate in the foreign country. Is this registration you have mentioned one more requirement besides applying for the passport? Can both be done together? Do you have any idea on the time frame and the fee requirement? Thanks in advance.

Also, the general theme of question 1 in my earlier post was about the British citizenship rights to our baby's future generations, as our baby will have British citizenship by descent (if born in India) which does not confer rights to British citizenship to their children automatically. It's just that we need a bit more clarification on this matter in order to be prepared for the future:

a. If our child (with British citizenship by descent) has a child in the future which is born in Britain then I assume that child (our grand-child) will automatically get the British citizenship? Will that be by descent or birth?

b. What if our child has a child in another country? What will decide the nationality? Just to be clear, we do not have any nationality other than British. We do have Overseas Citizenship of India (OCI). In that case, what will decide my grand-child's nationality if he/she was born in a foreign country? Will the 'stateless' clause come in to the rescue for British nationality?

Best wishes,

lynxukauq
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Re: Citizenship rights to baby born abroad to naturalised br

Post by lynxukauq » Tue Mar 25, 2014 3:58 pm

a. If our child (with British citizenship by descent) has a child in the future which is born in Britain then I assume that child (our grand-child) will automatically get the British citizenship? Will that be by descent or birth?
British otherwise than by descent by birth
b. What if our child has a child in another country? What will decide the nationality? Just to be clear, we do not have any nationality other than British. We do have Overseas Citizenship of India (OCI). In that case, what will decide my grand-child's nationality if he/she was born in a foreign country? Will the 'stateless' clause come in to the rescue for British nationality?
That child will not be entitled to British citizenship since you can pass on the citizenship to ONE one generation born abroad.
- British otherwise than by descent can pass on citizenship to child born abroad once.
- British by descent cannot pass on citizenship to child born abroad but if born in UK will be considered as British Citizen (otherwise than by descent)
Hope this makes sesne

H_manatee
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Re: Citizenship rights to baby born abroad to naturalised br

Post by H_manatee » Tue Mar 25, 2014 4:08 pm

lynxukauq wrote:
That child will not be entitled to British citizenship since you can pass on the citizenship to ONE one generation born abroad.
In that case what will be that child's (our grand child's) nationality?

lynxukauq
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Joined: Sat May 14, 2011 8:57 am

Re: Citizenship rights to baby born abroad to naturalised br

Post by lynxukauq » Tue Mar 25, 2014 4:15 pm

Depends on which country they were born in.
As an example, if born in India, then the child will be Indian national.

H_manatee
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Re: Citizenship rights to baby born abroad to naturalised br

Post by H_manatee » Tue Mar 25, 2014 4:58 pm

Thank you lynxukauq

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