Child of British by descent born outside UK

[zeeshanp]

Does a child of British citizen by descent born outside the uk need to apply through family visa to come to the UK. Also do they need to stay there for 3 years or 5 years to be able to register as a British citizen.

[zeeshanp]

My son is born outside to UK to british mom who is british citizen by descent through here parents and Indian father. What are the ways in which he can get Indefinite leave to remain or british citizenship given that british citizenship can only pass down normally by one generation if not born in the UK.

[zeeshanp]

Under what visa can the child be taken to the UK for the 3 years.
Does the spouse who is not british need to live in the UK.
Can the child get ILR before applying for british citizenship through the british parent.

[CR001]

Has the British parent ever lived in the UK??

Is the other parent also planning on moving to the UK?

Child will likely need a child Settlment visa.

[secret.simon]

If the British citizen by descent mother has lived in the UK for at least three continuous years AND one of her parents (the child's grandparents) was a British citizen otherwise than by descent (or was a CUKC with RoA before 1983), then the child can be registered as a British citizen under Section 3(2) of the British Nationality Act 1981.

If the child is so registered, s/he themselves will be a British citizen otherwise than by descent and cannot use Section 3(2) to register their own children born abroad (because the child's grandparent won't be a British citizen otherwise than by descent).

Under what visa can the child be taken to the UK for the 3 years.

If registered under Section 3(2), the child will be a British citizen and therefore no need for a visa.

Does the spouse who is not british need to live in the UK.

Not in the case above.

Can the child get ILR before applying for british citizenship through the british parent.

Again, not necessary in the case above.


Alternatively, the child can move to the UK with both parents (the child's immigration status will be in-line with the less-privileged parent) and can register as a British citizen under Section 3(5) of the link above after three continuous years of residence in the UK. The child would then be a British citizen otherwise than by descent in their own right.

Under what visa can the child be taken to the UK for the 3 years.

The same visa as that of the non-British parent/less-privileged parent.

Does the spouse who is not british need to live in the UK.

Yes, for the three years required, with an absence of no more than 270 days in the three year period for both parents and the child.

Can the child get ILR before applying for british citizenship through the british parent.

The child will not need to acquire ILR and is not eligible to acquire ILR through their parent's British citizenship, except if the other parent has ILR themselves. The child's UK immigration status will be that of the less-privileged parent.