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Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Mon Jan 04, 2021 4:35 am
by Muzamil00
Dear Board Members
My cousin born in India gained British citizenship on 2019 on the basis of her father,as he was BC before her birth.Currently she is working in UK for 1.5 years.
She has a child 13 years staying in India. Can she register her child in India or is he eligible for british citizenship in anyway.
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Mon Jan 04, 2021 6:05 am
by secret.simon
Which year was she (the mother) born? Were her mother and father married at the time of her birth? How did her father become a British citizen and in which year? Does she have a certificate of registration as a British citizen? Has the mother lived in the UK at any point in time for three continuous years before the birth of the child? Where do the child and the other parent live(in the UK or abroad)?
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 4:28 am
by Muzamil00
@secret simon
Thank you for your reply
She was born in India on 1977.Her father who born in India on 1922 worked in UK for continous 5 years and registered as BC on 1966 so she is BC by descent by birth and currently holds British passport
She doesnt have a registration certificate
She was married in India on 1998.
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 4:31 am
by Muzamil00
@secret simon
She hasnt travelled to UK before the childs birth.
Her parents were married before her birth.
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 6:11 am
by secret.simon
As she is a British citizen by descent herself, she can't pass British citizenship to her children automatically.
If the child moves to the UK and lives in the UK for three continuous years with both parents before the age of 18, the child is entitled to registration as a British citizen under
Section 3(5) before their 18th birthday.
Muzamil00 wrote: ↑Mon Jan 04, 2021 4:35 am
Can she register her child in India
No. The child and both parents needs to have lived together in the UK for three continuous years, before the child's 18th birthday (i.e. while the child is still a minor).
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 6:44 am
by Muzamil00
Is there any other visa applicable(other than visit visa) for the child to be with mother.
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 6:57 am
by secret.simon
Muzamil00 wrote: ↑Tue Jan 05, 2021 6:44 am
Is there any other visa applicable(other than visit visa) for the child to be with mother.
The child and other parent (if not divorced) will have to apply for the "family of a settled person" visa for 2.5 years, followed by another renewal at that time.
The child will in any case only be able to register after three years residence in the UK, which they can't do on a visit visa.
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 3:23 pm
by Muzamil00
Is including the other parent (husband) Necessary.
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 3:31 pm
by secret.simon
Not necessary if the other parent is divorced, legally separated or deceased. But it is necessary otherwise. Did you not see the wording of the law linked to above?
secret.simon wrote: ↑Tue Jan 05, 2021 6:11 am
If the child moves to the UK and lives in the UK for three continuous years with both parents before the age of 18, the child is entitled to registration as a British citizen under
Section 3(5) before their 18th birthday.
Section 3 of the British Nationality Act 1981 wrote:(5) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
(a)that at the time of that person’s birth his father or mother was a British citizen by descent; and
(b)subject to subsection (6), that
that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and
(c)subject to subsection (6), that the
consent of his father and mother to the registration has been signified in the prescribed manner.
Re: Child Born Before ILR - can apply British citizenship if Father got British passport Now
Posted: Tue Jan 05, 2021 3:32 pm
by CR001
Muzamil00 wrote: ↑Tue Jan 05, 2021 3:23 pm
Is including the other parent (husband) Necessary.
To get a visa for the child yes, unless you can prove sole responsibility.
immigration-for-family-members/sole-res ... 13087.html
Is there an issue regarding the other parent?