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2 quick questions about spouse visa

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tbbcuk
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2 quick questions about spouse visa

Post by tbbcuk » Sat Sep 06, 2014 12:44 am

i am British Citizen myself, my wife is on spouse visa, I have 2 quick questions.

(1) If we have a child, will he automatically get British passport?
(2) When my wife is due to renew her visa after 2.5yrs, do I need to fill in detail about 'dependent' - our child who born in the uk??

thank you for everyone input.

MPH80
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Re: 2 quick questions about spouse visa

Post by MPH80 » Sat Sep 06, 2014 1:04 am

1) Providing the child is born in the UK - yes

2) You may be asked for details about children where they should be included - but they aren't dependant to be included in the financial calculation. Unless you are very close to renewal it's pointless to go much further into the minutiae of the forms as they change every 6 months or so.

tbbcuk
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Re: 2 quick questions about spouse visa

Post by tbbcuk » Sat Sep 06, 2014 1:07 am

thank you so much for your quick helpful answer MPH80

Obie
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Re: 2 quick questions about spouse visa

Post by Obie » Sat Sep 06, 2014 1:11 am

MPH80 wrote:1) Providing the child is born in the UK - yes

Not sure that is always the case.

Also see Section 2 and Section 16
Smooth seas do not make skilful sailors

MPH80
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Re: 2 quick questions about spouse visa

Post by MPH80 » Sat Sep 06, 2014 1:40 am

What isn't correct about it Obie?

If the child is born in the UK to a parent who has citizenship then, as far as I know, regardless of how the person obtained that citizenship - the child is british.

If the child is born outside the UK - which I didn't mention - and which your two links refer to - that's more complex. But hence my initial caveat.

M.

Obie
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Re: 2 quick questions about spouse visa

Post by Obie » Sat Sep 06, 2014 1:49 am

I don't want to get into semantics with you, as you a most respected poster, but it seem to me more than implicitly, that your post was suggesting, that if the child is born overseas then British Citizenship will not be obtained.

What other reasonable deduction can i be expected to make from your post.

Let me explain in simple terms.

You seem to imply that provided the child is born in the UK , citizenship can be obtained. I got the impression you were suggesting that if the child is not born in the UK, then he or she will not obtain citizenship.

That is not always right and correct.

If the father is British otherwise than by descent, then irrespective of whether the child is born in the UK or not, he /she will be a British.

That was my point of contention.

If the OP had said he got his Bristish citizenship by descent, i would have allowed your post to be the final say in the matter, as you will be perfectly correct.

I have not commented on your second statement as it is spot on.
Smooth seas do not make skilful sailors

MPH80
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Re: 2 quick questions about spouse visa

Post by MPH80 » Sat Sep 06, 2014 3:39 am

Ah I understand now.

It wasn't my intention to imply that - I was simply trying to keep the answer short and appropriate for our OP.

Glad we're in agreement about state of play with citizenship - I was concerned I was missing something big about being born in the UK. :D

Amber
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Re: 2 quick questions about spouse visa

Post by Amber » Sat Sep 06, 2014 7:44 am

On a side note, even if the was father was British by descent and the child born abroad, entitlement to registration as British under s3(5) would be likely or eventually likely. That would also give citizenship otherwise than by descent.
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Obie
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Re: 2 quick questions about spouse visa

Post by Obie » Sat Sep 06, 2014 10:26 am

I accept , albeit not automatically.
Smooth seas do not make skilful sailors

Wanderer
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Re: 2 quick questions about spouse visa

Post by Wanderer » Sat Sep 06, 2014 11:51 am

A bit of a play on semantics, but let's not forget that whilst the child will be British, he/she won't get a British Passport automatically, as it has to be applied for, and the requisite sums paid to UK plc...
An chéad stad eile Stáisiún Uí Chonghaile....

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