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Hi,

I would like to inquire regarding citizenship, I am holding a British passport and my partner Her visa is tier 2 visa (working permit) and we are expecting a baby this year, my question is does the baby will be automatically be British citizen or can we apply automatically for his/her British citizenship even me and my partner are not married?
Hoping for your reply.

Regards,

The child will be a British citizen automatically, but will require a DNA test to prove that you are the natural father.

Proving paternity in British nationality law: rule change on effect of birth certificates

I think its understood that where father is unmarried to the mother, being named on birth certificate is no longer definitive evidence for the purpose of British Nationality law. However- does that suggest that DNA testing will always be required, or that it simply increases the possibility- depends on circumstances, etc.

It is essential to document the child's British citizenship as soon as possible- this change could make it more difficult, or impossible, to establish a claim to British citizenship later in life.

JAJ wrote:However- does that suggest that DNA testing will always be required, or that it simply increases the possibility- depends on circumstances, etc.

That is my interpretation. As the Freemovement article states, the Regulations have been amended to require the British citizen to be the "natural father" of the new-born child, as opposed to just "father" in the earlier Regulations. No form of evidence has been made mandatory, but I would presume that a DNA test would be required to prove that the British citizen is the "natural father".

secret.simon wrote:That is my interpretation. As the Freemovement article states, the Regulations have been amended to require the British citizen to be the "natural father" of the new-born child, as opposed to just "father" in the earlier Regulations. No form of evidence has been made mandatory, but I would presume that a DNA test would be required to prove that the British citizen is the "natural father".

I would suspect that if DNA testing had become routine for all cases where British citizenship was claimed through an unmarried father (U.K. births where the mother was not a British citizen/settled) we would have heard more about it now. Also- probably more cases overseas.

Something must have prompted the change in the Regulations- but I would think it unusual that someone would allow himself to be named father of a child on a birth certificate without a reasonable degree of confidence that he was in fact the natural father.

It's not clear how this is going to work if the claim to citizenship is made later on in the child's life, by which time the father may be deceased, estranged or otherwise unwilling/unable to provide DNA samples.

To protect the child's British citizenship, is there anything more that the parents can do other than obtain a British passport for the child as soon as possible and keep it valid? It would seem excessive to obtain a DNA test immediately just in case it might be asked for later on but some may choose to do this. Would a Confirmation of British Nationality Status letter be recommended to get the decision documented on Home Office records?