ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

complicated issue-please advise

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

complicated issue-please advise

Post by amy786 » Sun Dec 01, 2019 9:00 pm

asking for a relative:-

young man was born in pakistan, and received british passport when a baby because his father (childs grandfather) was a british national.

he has been living in uk all his life since arrival as a baby.

he married (young man) about 2 years ago in pakistan and has a little boy, about 18 months old. spouse has not yet received a visa to join him in england.
he wishes to make a passport for little boy.

1. is the young man a british national ?
he has been told by a solicitor in pakistan that he is not a british citizen/national as (he does not have a nationality document,) and the passport is just a travel document.

2. Is the little boy eligible to receive a british passport/nationality through his father or grandfather.?

if so, can he apply for british passport for little boy in uk , or can he apply whilst the child is in pakistan


all advice appreciated

thanks

bathanza
Senior Member
Posts: 688
Joined: Sat Oct 15, 2016 5:56 pm
Location: London

Re: complicated issue-please advise

Post by bathanza » Mon Dec 02, 2019 12:00 am

Please just clarify does the father of the 2 year old have a British Passport?

Are there any conditions written on the passport such as overseas etc?

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

wentots
Junior Member
Posts: 50
Joined: Thu Jun 08, 2017 10:53 am

Re: complicated issue-please advise

Post by wentots » Mon Dec 02, 2019 2:29 am

amy786 wrote:
Sun Dec 01, 2019 9:00 pm
asking for a relative:-

young man was born in pakistan, and received british passport when a baby because his father (childs grandfather) was a british national.

he has been living in uk all his life since arrival as a baby.

he married (young man) about 2 years ago in pakistan and has a little boy, about 18 months old. spouse has not yet received a visa to join him in england.
he wishes to make a passport for little boy.

1. is the young man a british national ?
he has been told by a solicitor in pakistan that he is not a british citizen/national as (he does not have a nationality document,) and the passport is just a travel document.

2. Is the little boy eligible to receive a british passport/nationality through his father or grandfather.?

if so, can he apply for british passport for little boy in uk , or can he apply whilst the child is in pakistan


all advice appreciated

thanks
Hi!

I dont if this would help but I was in the same situation a year ago.

My wife gave birth to our son 2 years ago then 3 months after giving birth she received her spouse then she left within a month. After she arrived we applied for our sons british passport after 4 months of her arrival, my son got his british passport through me as british citizen otherwise than by decent.

I found this article on the internet.

“Every British citizen is either a British citizen otherwise than by descent or a British citizen by descent.

This difference is important because the type of citizenship people have decides the way in which they can pass British citizenship on to their children who were born outside the United Kingdom.

A British citizen otherwise than by descent, can automatically pass on British citizenship to a child born outside the UK. You can be a British Citizen otherwise than by descent by:

Birth;
Registration;
Naturalisation;
Adoption.
A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. This means that you cannot automatically pass on British citizenship to any child who is born abroad. You are a British citizen by descent if:

You are born outside the UK to a parent who was a British citizen at the time;
It does not matter whether the birth took place before or after 1 January 1983 as long as a child who was born before that date became a British citizen on that date;
On 31 December 1982, he or she was a citizen of the United Kingdom and Colonies through:
his or her own birth, or
a parent's or a grandparent's birth,
legal adoption
naturalisation
registration
You lived in the UK while a citizen of the United Kingdom and Colonies for five years at any time before 1 January 1983, and was not subject to restrictions under the immigration laws at the end of that five year period.
You are a citizen of the United Kingdom and Colonies by connection with the Falkland Islands and Dependencies (i.e. South Georgia and the South Sandwich Islands) “

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: complicated issue-please advise

Post by vinny » Mon Dec 02, 2019 2:34 am

Putting down dates of events may help.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Mon Dec 02, 2019 9:53 am

thanks for the replies

father does have a british passport since childhood although born abroad and has lived in uk since a child as his dad ( baby's grandfather ) was born here and has british citizenship.
there are no restrictions on his passport

father is 22 years old, marriage took place in 2017

child is 18 months old

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Mon Dec 02, 2019 10:01 am

i understand from 'wentots' post that the childs father cannot pass citizenship through to the child.

can the child receive it through grandfather?

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Mon Dec 02, 2019 1:02 pm

also, is the following statement correct
1. is the young man a british national ?
he has been told by a solicitor in pakistan that he is not a british citizen/national as (he does not have a nationality document,) and the passport is just a travel document.

if so , how does he go about becoming a british national.
our understanding was that you can only obtain a british passport if you are a uk national

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Tue Dec 03, 2019 5:32 pm

hi, can any of the mods help please
thanks

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Fri Dec 06, 2019 10:15 pm

anybody??????????
please advise

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: complicated issue-please advise

Post by secret.simon » Sat Dec 07, 2019 2:48 am

amy786 wrote:
Sun Dec 01, 2019 9:00 pm
young man was born in pakistan, and received british passport when a baby because his father (childs grandfather) was a british national.
The child will likely not automatically be a British citizen, but could be registered as a British citizen, depending on how the father and grandfather acquired his British nationality.

So, how did the British grandfather acquire his nationality?
Did he acquire British citizenship before or after the birth of his son (the father in this story) in Pakistan?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Mon Dec 09, 2019 10:36 pm

thanks for replying secret.simon

grandfather was born in uk, so british national as his father (grandfathers dad )had a british passport and nationality (although, it was after birth of grandfather)

father (of child) was born in pakistan, received his british passport soon after birth and came to uk when baby.
does holding british passport give him british nationality as well or does he have to apply for it.

hope this is not confusing

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Tue Dec 10, 2019 10:17 pm

secret.simon wrote:
Sat Dec 07, 2019 2:48 am
amy786 wrote:
Sun Dec 01, 2019 9:00 pm
young man was born in pakistan, and received british passport when a baby because his father (childs grandfather) was a british national.
The child will likely not automatically be a British citizen, but could be registered as a British citizen, depending on how the father and grandfather acquired his British nationality.

So, how did the British grandfather acquire his nationality?
Did he acquire British citizenship before or after the birth of his son (the father in this story) in Pakistan?
[/quote

secret.simon please advise as to how child can be registered as a british citizen and obtain a british passport.

thanks

wentots
Junior Member
Posts: 50
Joined: Thu Jun 08, 2017 10:53 am

Re: complicated issue-please advise

Post by wentots » Wed Dec 11, 2019 5:41 am

amy786 wrote:
Mon Dec 09, 2019 10:36 pm
thanks for replying secret.simon

grandfather was born in uk, so british national as his father (grandfathers dad )had a british passport and nationality (although, it was after birth of grandfather)

father (of child) was born in pakistan, received his british passport soon after birth and came to uk when baby.
does holding british passport give him british nationality as well or does he have to apply for it.

hope this is not confusing
I got my british citizen through naturalisation which makes me british citizen otherwise by descent which gives me the right to pass on my citizenship to my son.

I think the father of the child is british by descent because he got his citizenship from his father that was born in UK.

That is from my understanding.

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Thu Dec 12, 2019 1:49 pm

father of child does have a british passport., but was not born in uk

can the child obtain british passport through his father or grandfather?

User avatar
CR001
Moderator
Posts: 86832
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: complicated issue-please advise

Post by CR001 » Thu Dec 12, 2019 1:52 pm

amy786 wrote:
Thu Dec 12, 2019 1:49 pm
father of child does have a british passport., but was not born in uk

can the child obtain british passport through his father or grandfather?
The father is British by descent and therefore cannot pass on British citizenship to the child born abroad automatically.

Grandfather - not a passport directly for the child no.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Sat Dec 14, 2019 11:43 am

thank you CROO1 for clarifying the matter.

could you advise as to which is the easiest and simplest way for the child to join his father in uk.

childs mum will be applying for visa soon (it has been delayed due to income)

thanks

User avatar
CR001
Moderator
Posts: 86832
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: complicated issue-please advise

Post by CR001 » Sat Dec 14, 2019 1:10 pm

Same visa as the other parent and you need to meet the higher salary level of £22,400pa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Sat Dec 14, 2019 9:51 pm

thanks CR001, was hoping there would be an easier and simpler solution, but unfortunately not so.

would the child be able to apply for naturalisation when he arrives in uk?

Br28016
Newbie
Posts: 43
Joined: Mon Jul 29, 2019 11:28 pm
Mood:
Ireland

Re: complicated issue-please advise

Post by Br28016 » Sat Dec 14, 2019 11:11 pm

Would be worth a read off link below.

https://www.gov.uk/government/publicati ... 1-guidance

Page 10 and 11 of the guidance look like might apply in this case.

That said worth getting some professional guidance on it before pursuing if believe it applies.

amy786
Junior Member
Posts: 52
Joined: Tue Feb 12, 2019 10:43 am
Afghanistan

Re: complicated issue-please advise

Post by amy786 » Sun Dec 15, 2019 10:32 am

thanks very much for pointing in right direction

guide is helpful and has clarified some of the issues, but as you say its advisable to get some professional advice.
will update on situation as it may help others although it will probably take a while

Locked
cron