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I am a male British citizen (by birth) and I married a Spanish woman nine years ago. We have been living in Spain for the last eight years. We had our first child in Feb 2011. The birth was registered with the Spanish authorities at the appropriate time.

Because I'm British by birth, it is my understanding that my son has automatic citizenship by descent and can therefore live, study and work in Britain later on in life, and access healthcare, state benefits, etc as a British National (I'm obviously thinking of university onwards, should he wish to emigrate from Spain). Is this understanding correct?

Would I also be correct in thinking that all we need to do, then, is apply for a British Passport or identity card for him, as proof of his citizenship by descent? If so, can this be done for babies, or do we have to wait for a minimum age to be reached?

The email address I've been writing to is this one: ukbanationalityenquiries@ukba.gsi.gov.uk
Ironic that they don't seem to answer enquiries (I've waited weeks for a reply)!

Thanks.

There is no need to register as your son is automatically British. Just apply for his passport. There is no minimum age limit.

Thanks.

Given that he'll have a Spanish passport for travelling, is there actually any point or gain in applying for a British passport until he actually wanted to move to Britain when he's older?

might just make it easier for him to have the passport and would ease any doubt you may have, but no there is no need to apply for one.

note although he is british it does not mean that he can automatically apply for benefits upon arrival from the UK as he would have to meet certain residency requirements, also with regards to studying at university, currently there are residency requirements in order to qualify for a student loan/grant (for example a british citizen has to have been living in the UK for 3 years prior to the start of his course to qualify for student loan/grant). given that this is so far in the future, you dont really need to worry about this now but obviously closer to the time you'll need to look into it further there will probably be no such thing as student loans/grants by then!

If so much depends on residency requirements, then citizenship
by descent and passport ownership seem to be very tokenistic!

Thanks for your replies.

Anti wrote:Thanks.

Given that he'll have a Spanish passport for travelling, is there actually any point or gain in applying for a British passport until he actually wanted to move to Britain when he's older?

Applying for a British passport now gets him "into the system". It's easy for you to gather together the necessary proofs now: if he decides he wants to apply for his first British passport when he's 30, he might find it harder.

As things stand now, a Spanish citizen can live and work in the UK [though not vote in Westminster (i.e. general) elections and not take up a few civil service jobs]. There is no cast-iron guarantee that this will always be the case, of course. It would make sense to me, if I were his parents, to get him a British passport now since, as I say, this does provide proof of his citizenship and will make it easier for him in the future if he wants to apply for a passport. (His British citizenship as such is naturally unaffected by whether he has a British passport or not.)

On the other hand a child's passport is only vaild for 5 years and then would need to be renewed. Might be a bit of wasted money just now . . .

Backer wrote:On the other hand a child's passport is only vaild for 5 years and then would need to be renewed. Might be a bit of wasted money just now . . .

usually you pay for 10 years and get a 5 year passport for a child. once the 5 years are up you apply for another 5 year one at no extra charge. it is just to allow a new photo to be used as kids have the habit of looking a bit different after 5 years..

Greenie wrote:usually you pay for 10 years and get a 5 year passport for a child. once the 5 years are up you apply for another 5 year one at no extra charge. it is just to allow a new photo to be used as kids have the habit of looking a bit different after 5 years..

Not correct. Children passports are only valid for 5 years but the fee is lower. Once the passport expires, you need to apply for a new one with a new fee.

As suggested, better to get him the first passport as this requires more documentations. When it expires in 5 years, you don't need to renew it but in future, the old expired passport should be enough to get a new one.

Backer wrote:On the other hand a child's passport is only vaild for 5 years and then would need to be renewed. Might be a bit of wasted money just now . . .

But my point was that once he has had a passport in his name, he will be in the British passport "system", which makes subsequent applications easier.

Do not disagree with you Christope but pointing out another aspect of this decision. One can claim that you "can enter the system" 5 or even 10 years from now (since he has a Spanish passport anyway).

You can "enter the system" anytime (assuming you really are a citizen) IF you have the right documents to prove your case. The problem is that sometimes, people who leave it until later in life cannot obtain the necessary documentation.

There have also been cases where people thought their children had citizenship, and they hadn't. Of course, after age 18, it's usually impossible to resolve.

Another, even better, way to "get into the system" is to get the Spanish born child a British consular birth certificate.
http://www.fco.gov.uk/en/travel-and-liv ... ges-civil/