Citizenship of baby

KNRao · Post by **KNRao** » Mon Feb 19, 2007 8:20 pm

Hello
I am not sure I am posting my question in the right section, anyway here is my question, I would appreciate if anyone one give me the answer. I am Indian married to US citizen, we are presently living in UK, i am on work permit and my wife is on dependent visa, We are expecting a baby in few months

. If baby born here in UK, what citizenship the baby would acquire.
Thanks

Marco 72 · Post by **Marco 72** » Mon Feb 19, 2007 10:40 pm

I'm afraid it's impossible to answer this question without knowing more details. When a child is born outside the US to one US citizen parent, US citizenship can only be acquired if the parent lived in the US for at least 5 years prior to the child's birth (at least 2 of which after their 14th birthday). You should register your child's birth with the US embassy. About British citizenship, a child born in the UK is a British citizen if at least one parent is either a British citizen (or has right of abode) or is a permanent resident, i.e. holds Indefinite Leave to Remain. I don't know the rules about Indian citizenship.

Marco 72 · Post by **Marco 72** » Mon Feb 19, 2007 11:44 pm

PS the US citizen parent need not have been a US citizen during all of those five years.

Post by **JAJ** » Tue Feb 20, 2007 1:08 am

Marco 72 wrote:I'm afraid it's impossible to answer this question without knowing more details. When a child is born outside the US to one US citizen parent, US citizenship can only be acquired if the parent lived in the US for at least 5 years prior to the child's birth (at least 2 of which after their 14th birthday). You should register your child's birth with the US embassy.

And if the child is not a U.S. citizen at birth, then the provisions of the Child Citizenship Act of 2000 may confer U.S. citizenship upon the (under 18) child immediately upon entering the U.S. with an immigrant visa.

There is also the possibility of expedited naturalisation based on a U.S. grandparent.

KNRao · Post by **KNRao** » Fri Feb 23, 2007 7:59 am

Hello guys
Thanks for your time. My wife is an american by birth (to say bluntly, she is white). When I gone through the information avilable at US consulate general website, you only need to get a birth certificate of baby from local authorities and go regiter the birth at consulate general and even you could apply for a passport, if one of the parent is a US citizen. I thought, that is very a simple and straight forward process. Anyway, thank you for answering my question.
Regards

Post by **John** » Fri Feb 23, 2007 8:24 am

KNRao, do appreciate that if the child is born in the UK then as soon as you have your ILR it will be possible to register the child as a British Citizen.

KNRao · Post by **KNRao** » Fri Feb 23, 2007 2:56 pm

John
Thanks for reply. I want register the birth of baby in US consulate for US citizenship. I dont have ILR, so i can not go for british citizenship.
My wife born and brought up in US, even we married in US. She never been in other country until I married her. Do you think there is any problem to apply for US citizenship for the baby, if baby born here in UK since one of the parent is US citizen?.
Thanks

Post by **John** » Fri Feb 23, 2007 5:50 pm

I want register the birth of baby in US consulate for US citizenship.

Based upon your wife's US Citizenship, she can register the child as a US Citizen.

I dont have ILR, so i can not go for british citizenship.

But I did not say that do you have ILR ..... I said when! Or rather "as soon as". Please re-read my post above.

Neither the US nor the UK have any problem with dual citizenship. In other words, your child can be a US citizen from birth, and also be registered as a British Citizen shortly after you get your ILR. Adding British Citizenship to the list adds to the options available to your child in the future. It means they can stay in the UK visa-free, and indeed live in any other EU/EEA country by exercising their Treaty Rights.

KNRao · Post by **KNRao** » Fri Feb 23, 2007 7:50 pm

John
Thank you for your explanation, I appreciate that.
Regards

Marco 72 · Post by **Marco 72** » Fri Feb 23, 2007 9:04 pm

KNRao wrote:My wife born and brought up in US, even we married in US. She never been in other country until I married her. Do you think there is any problem to apply for US citizenship for the baby, if baby born here in UK since one of the parent is US citizen?.
Thanks

It's unlikely that there will be problems, but your wife will probably be asked to provide proof of her physical presence in the US for the required five years (the fact that she was born in the US does not exempt her from this). According to the US Embassy website: "In addition to the documents listed above, you may be required to provide proof of your physical presence in the U.S. before the child's birth. Please submit old passports, if available, as evidence. If unavailable, other evidence, such as school transcripts or tax returns, may be accepted." See here.

KNRao · Post by **KNRao** » Tue Feb 27, 2007 11:24 am

Thank you Marco for your information

Post by **Administrator** » Tue Feb 27, 2007 3:34 pm

.

If it is possible, you may wish to consider having your wife be in the U.S. for the birth of your child. If there are friends or family that can allow her to stay there during the critical time ...?

Assuming there are no other special or medical considerations, if you plan for her to visit her family for six or seven weeks with her due date somewhere in the middle of it ... As a natural-born U.S. citizen, there should be no problems for her as far as travel or other dodgy perceptions about her motives: she has a right to have her child born on U.S. soil, if she chooses.

If the U.S. citizenship is of the most importance, a documented birth on U.S. soil in a U.S. hospital will vastly simplify all future controversy.

Now, the sticky part is if you require/want the dual citizenship or prefer the British citizenship ... then the birth in the UK would be of greater advantage. As John noted, if you will become eligible for ILR, imagine three years from now, you can apply for British citizenship for your child at that time ... and very certainly being born on British soil will ensure that claim.

I am not certain, but I also think there might be a mistake about living in the U.S. for five years prior to the birth.

Rather than living actually in the U.S. for all of that time, it is probably a requirement that she have lived in the U.S. with a documented residence some time during that five years.

Again .. please confirm that independently, but I'm fairly certain of it.

The Admin

KNRao · Post by **KNRao** » Thu Mar 01, 2007 10:46 pm

Mr.Administrator
I greatly appreciate your detailed explanation, the feed back i got from this website is wonderful, thanks to everyone.

Marco 72 · Post by **Marco 72** » Fri Mar 02, 2007 12:42 am

Administrator wrote:.Assuming there are no other special or medical considerations, if you plan for her to visit her family for six or seven weeks with her due date somewhere in the middle of it ... As a natural-born U.S. citizen, there should be no problems for her as far as travel or other dodgy perceptions about her motives: she has a right to have her child born on U.S. soil, if she chooses.

If she can afford it. Medical care in the US can be very expensive without insurance. And I'm not sure your typical travel insurance would cover childbirth. Also, being born in the US could potentially cause problems if the child should decide not to claim US citizenship (e.g. for tax purposes).

Administrator wrote:I am not certain, but I also think there might be a mistake about living in the U.S. for five years prior to the birth.

Rather than living actually in the U.S. for all of that time, it is probably a requirement that she have lived in the U.S. with a documented residence some time during that five years.

I don't think so. The US embassy website is very explicit on the matter:

"A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen." (my emphasis)

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Citizenship of baby

Citizenship of baby