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child born abroad citizenship

Posted: Fri Oct 16, 2020 12:49 pm
by paradoxical
Hi guys,
I have been trying to find the relevant rules to help answer the following but to no avail. I would be grateful if you can answer the following and refer to the right source for it please.
I am a British citizen (naturalised in 2018, after 5 years on Tier 2). I have one child born in 2020 who is British by birth. My other child is not British and was born abroad. I was on Tier 2 when my child was born (all the rules I have seen so far talk about children born abroad when one of the parent had british citizenship at the time of birth- this does not apply to our case). My wife and my child came to UK to live with me as Tier 2 dependent from summers 2016 and I can apply for ILR for my wife and son in July 2021, and then immediately apply for citizenship. My question has to do with my child's application.
As far as I have understood, I will need to apply for ILR for my child too, is that correct? (can I not just apply for ILR for my wife and in parallel register my child as British? )
The citizenship that my child will get, will it be citizenship by descent or citizenship otherwise than by descent ?

Thanks for your answer!

Re: child born abroad citizenship

Posted: Fri Oct 16, 2020 1:04 pm
by CR001
british-citizenship/citizenship-faqs-co ... l#p1343774
As far as I have understood, I will need to apply for ILR for my child too, is that correct?
Yes.
(can I not just apply for ILR for my wife and in parallel register my child as British? )
No. A child born abroad is expected to be free from immigration time restrictions, i.e. hold ILR.
The citizenship that my child will get, will it be citizenship by descent or citizenship otherwise than by descent ?
Otherwise than by Descent for a child registered as British.

Re: child born abroad citizenship

Posted: Fri Oct 16, 2020 1:07 pm
by paradoxical
Thanks CR001. Just to confirm, the last point about otherwise by descent means that my child born abroad will have the same right as my second child born in the UK in terms of passing on citizenship to their children. Is that correct ? (both will be able to pass on British Citizenship to their children even if born abroad)

Re: child born abroad citizenship

Posted: Fri Oct 16, 2020 1:08 pm
by CR001
paradoxical wrote:
Fri Oct 16, 2020 1:07 pm
Thanks CR001. Just to confirm, the last point about otherwise by descent means that my child born abroad will have the same right as my second child born in the UK in terms of passing on citizenship to their children. Is that correct ? (both will be able to pass on British Citizenship to their children even if born abroad)
Yes.

Re: child born abroad citizenship

Posted: Fri Oct 16, 2020 1:12 pm
by paradoxical
Thank you :)