Child Citizenship from Partner

[michaelkane]

Hi,

I have a question, in case a British Citizen moves to another country and end up having a child to a non-British second partner. Does this grant Citizenship to the child born outside of UK? If yes, is that relationship developed because the father's name is listed on the Child's Birth certificate? Just trying to understand what would be required to the Home Office to show as the relationship on the documents.

Second, this is not affected in anyway outside of UK as having a child of a second registered wife/spouse?

Thanks.

[secret.simon]

Depends on the answers to at least two questions

(a) How did the British citizen acquire their British citizenship? Not all British citizens can pass their British citizenship to children born outside the UK.

(b) Is the birth partner legally married to another person? If so, the legal spouse of the birth partner is the father of the child for the purposes of nationality law regardless of the statement of the birth certificate.

While there is no requirement to provide DNA proof, that would make the ability to apply for a passport for an eligible child easier.

[michaelkane]

Thank you, to answer your questions, please see below responses.

(a) How did the British citizen acquire their British citizenship? Not all British citizens can pass their British citizenship to children born outside the UK.

The Citizenship acquired completing the ILR 5 year cycle back in 2020 in UK.

(b) Is the birth partner legally married to another person? If so, the legal spouse of the birth partner is the father of the child for the purposes of nationality law regardless of the statement of the birth certificate.

The partner is legally married to another person but by the laws of the other country, and living there. Would it still apply that the British parent can transfer citizenship to the child? Thanks!

[secret.simon]

(a) How did the British citizen acquire their British citizenship? Not all British citizens can pass their British citizenship to children born outside the UK.

The Citizenship acquired completing the ILR 5 year cycle back in 2020 in UK.

A British citizen by naturalisation can pass on British citizenship to one generation born outside the UK.

(b) Is the birth partner legally married to another person? If so, the legal spouse of the birth partner is the father of the child for the purposes of nationality law regardless of the statement of the birth certificate.

The partner is legally married to another person but by the laws of the other country, and living there. Would it still apply that the British parent can transfer citizenship to the child? Thanks!

If the birth parent is married to another person, even by the laws of the other country they are resident in, the child cannot inherit British citizenship from a British citizen father who is not the spouse of the birth parent.

For the purposes of British nationality law, the "father" is the legal spouse of the birth parent if they are legally married, not the natural/biological male parent of the child.

In such a case, the birth certificate of the chid is immaterial.

[michaelkane]

Thank you from your definition, if the birth father is married to a UK partner who is British, and also living and married to second spouse lets say in KSA (legal in that country) and registered with local registrar. The father would be able to transfer citizenship to the child born in KSA for at least one generation?

Thanks!