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Brittish by neutralisation

Posted: Sat Sep 28, 2019 6:48 am
by barongil123
Hi

I was born abroad and came to uk when I was 4. My mother is English and I am brittish by her and moved and lived in UK all my life.

I moved to India when I was 30 and married and had kids. I was told that my children would not get a UK passport as they are born outside UK.

My question is..
Can we travel to UK on tourist visa and give birth there fore availing a brittish Passport for our new baby?

I am brittish and have full time residence in UK.

What will happen if we declare our pregnancy in UK after coming on tourist visa?

Re: Brittish by neutralisation

Posted: Sat Sep 28, 2019 10:16 am
by CR001
Your spouse would have to pay 150% cost for delivery. It is not free for visitors.

Re: Brittish by neutralisation

Posted: Sat Sep 28, 2019 7:18 pm
by Jaune08
CR001 wrote:
Sat Sep 28, 2019 10:16 am
Your spouse would have to pay 150% cost for delivery. It is not free for visitors.
As CR001 stated, your wife will be charged 150% of the cost for a delivery since she will enter as visitor. Two years ago when I got a quote from a hospital in England, it was around £5,000 and it varies from hospital and type of procedure (normal delivery vs cesarian section).

barongil123 wrote:
Sat Sep 28, 2019 6:48 am
I was born abroad and came to uk when I was 4. My mother is English and I am brittish by her and moved and lived in UK all my life.

I was told that my children would not get a UK passport as they are born outside UK.
What nationality is your father? Is he British too or Indian?

Re: Brittish by neutralisation

Posted: Sat Sep 28, 2019 8:25 pm
by barongil123
My father is Israeli mother English.

What would happen to my wife's tourist visa when it expires how could I extend? Surely they won't make my heavily pregnant wife leave the country before or soon after labour?

Also my child being born (although expensively) would hence be eligible for a UK passport as born in UK ?

I'm stil abit lost please help

Re: Brittish by neutralisation

Posted: Sat Sep 28, 2019 8:54 pm
by CR001
Your first obstacle will be getting her a visitor visa as she has to prove substantial evidence of her ties to home country and that she will return. Having a British husband in the UK will likely count against her intentions to return.

Extending a visitor visa is not an easy or cheap task either and also requires substantial evidence.

Why not apply for a spouse visa if you are resident in the uk? Or do you not actually live in the UK and have only a ghost presence in the uk?

Re: Brittish by neutralisation

Posted: Sat Sep 28, 2019 8:59 pm
by CR001
If child is born abroad, you could also look at registering the child as British under section 3(2) of the nationality act if you have evidence of your residence in the UK for a 3 year period before their birth with minimal absence in the 3 year period.

Re: Brittish by neutralisation

Posted: Sat Sep 28, 2019 9:12 pm
by Jaune08
barongil123 wrote:
Sat Sep 28, 2019 8:25 pm
My father is Israeli mother English.
Then section 3(2) is applicable to your child’s case to be registered as British citizen:
Section 3(2)
A child will qualify under this section if:
• they were born outside the UK
• either of the child’s parents was a British citizen by descent at the time of
the child’s birth
• the mother or father of that parent (the child’s grandparent) became, or but
for their death would have become a British citizen otherwise than by descent, either:
o on 1 January 1983
o at the time of the parent’s birth
The British citizen by descent parent must have lived in the UK (or, if the child was born on or after 21 May 2002, in a British overseas territory) for a continuous period of 3 years at any time before the child’s birth. During that period they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age.
More info here: https://assets.publishing.service.gov.u ... -Jul19.pdf

If your soon-newborn qualifies for British citizenship under 3(2), then your other children qualify too.

Re: Brittish by neutralisation

Posted: Sun Sep 29, 2019 1:44 am
by barongil123
CR001 wrote:
Sat Sep 28, 2019 8:54 pm
Your first obstacle will be getting her a visitor visa as she has to prove substantial evidence of her ties to home country and that she will return. Having a British husband in the UK will likely count against her intentions to return.

Extending a visitor visa is not an easy or cheap task either and also requires substantial evidence.

Why not apply for a spouse visa if you are resident in the uk? Or do you not actually live in the UK and have only a ghost presence in the uk?
I have full time residence and income and tax returns in uk,

we have a 6 month tourist visa allready due to start end of October.

So maybe there is a case for all my children born abroad to gain citizenship? Even though I was born abroad originally?

Re: Brittish by neutralisation

Posted: Sun Sep 29, 2019 5:30 am
by CR001
So maybe there is a case for all my children born abroad to gain citizenship? Even though I was born abroad originally?
Yes.

Re: Brittish by neutralisation

Posted: Sun Sep 29, 2019 6:02 am
by secret.simon
Keep in mind that registration under Secton 3(2) will make your children British citizens by descent themselves and they wil not be able to pass on their citizenship to their children if born abroad either.

Re: Brittish by neutralisation

Posted: Sun Sep 29, 2019 1:17 pm
by barongil123
No idea who you guys are but thanks alot

I'll speak to a lawyer when we arrive in UK and take from there

Thanks again

Re: Brittish by neutralisation

Posted: Sun Sep 29, 2019 7:45 pm
by seagul
barongil123 wrote:
Sun Sep 29, 2019 1:17 pm

I'll speak to a lawyer when we arrive in UK and take from there
You will still be freely served with correct advice if you will ask here.

Re: Brittish by neutralisation

Posted: Mon Sep 30, 2019 2:53 am
by barongil123
Thanks

I've seen online the documents required. And it seems straight forward.. as I have lived in UK all my life. I just married and had kids abroad still work in UK home in UK etc etc

I'll ask if I need anything,

I'm really astonished by this website. I couldn't get any advice anywhere regarding this Issue.

I was charged 1.50 per min and told my kids won't get citizenship point blank.

No one ever asked if I lived in UK all my life etc. School job house business.

Was just told as I was born abroad and my kids were born abroad.. they wouldn't not be entitled

Anyway thanks again I will ask if I get stuck
:)