Immigrationboards.com

Hello,
I am Australian and my husband is British (born in UK). After staying here for 2.5 years on a spousal visa, we are returning to Australia in August to have our first baby (due December). Was just wondering if our baby will automatically gain British citizenship and if so how to apply.

Also wondering if having a child with British citizenship by descent will have any advantageous effects for me to gain British residency/leave to remain if we return to the UK in the future OR am I destined to go down the same spousal visa route again.

Thanks for any advice, information or links.

Anna

If your husband is British born etc, then the child will be British by descent yes and can apply directly for a passport. If your husband is British by descent himself, then it is more complicated.

Also wondering if having a child with British citizenship by descent will have any advantageous effects for me to gain British residency/leave to remain if we return to the UK in the future

No, it does not.

OR am I destined to go down the same spousal visa route again.

You will have to start again from scratch with a new spouse visa and a new 5 year route to ILR. Costs obviously increase every year and the Immigration Health Surcharge is planned to double in cost later this year.

Thanks so much for your prompt reply. That is good news for our baby! Expensive visa fees and applications seem to be the reality if we return to the UK at some stage. At least my husband has permanent residency in Australia via the skilled worker scheme. One less fee to pay! Thanks again!