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British citizenship for child born abroad to British parent

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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dikey2809
Newbie
Posts: 47
Joined: Fri Oct 22, 2010 2:13 pm

British citizenship for child born abroad to British parent

Post by dikey2809 » Sun Jun 09, 2013 4:06 pm

Hi Moderators,
You have always been of great help always. this time my question is to help on of my friend.
My Friend is a british citizen based on his mother born in Africa. He got his citizenship in 1995. he married an Indian nationality girl in 2009. the girl came to uk lived here with him. She was on spouse visa for 2 years, following this she got another 2 years extension. During this time My friend decided to settle in India. He applied for an OCI card so that he can stay in in India for long period. he moved to India in 2011. My friend still has his British citizenship but his wife has Indian citizenship.
Now he has a baby born in India Last month,
My question:#
- Is my friend's child considered British as his father is british, and if so can he apply for british citizenship for his child in India.
- Also my friend's british passport expires next year in 2014 can he renew his passport in India.

Pls advice.

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: British citizenship for child born abroad to British par

Post by Amber » Sun Jun 09, 2013 4:18 pm

dikey2809 wrote:Hi Moderators,
You have always been of great help always. this time my question is to help on of my friend.
My Friend is a british citizen based on his mother born in Africa. He got his citizenship in 1995. he married an Indian nationality girl in 2009. the girl came to uk lived here with him. She was on spouse visa for 2 years, following this she got another 2 years extension. During this time My friend decided to settle in India. He applied for an OCI card so that he can stay in in India for long period. he moved to India in 2011. My friend still has his British citizenship but his wife has Indian citizenship.
Now he has a baby born in India Last month,
My question:#
- Is my friend's child considered British as his father is british, and if so can he apply for british citizenship for his child in India.
- Also my friend's british passport expires next year in 2014 can he renew his passport in India.

Pls advice.
If I understand you correctly, your friend was born in Africa - British by descent. If so a child born abroad would not be automatically British. Therefore, the child may have entitlement to register as British under section 3(2) of the British Nationality Act see here for the criteria.

However, if you're saying you friend was born in the UK and is British otherwise than by descent then the child is automatically British and can apply for a British passport.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

dikey2809
Newbie
Posts: 47
Joined: Fri Oct 22, 2010 2:13 pm

Post by dikey2809 » Sun Jun 09, 2013 6:03 pm

Thanks for the response. My friend was born in India. His mother was born in Africa, she came to UK in 1994 as British born abroad, following this my friend came to UK as his mother's dependent and claimed British Citizenship.
So I don't know whether he is considered British from descent or not.

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Sun Jun 09, 2013 6:08 pm

dikey2809 wrote:Thanks for the response. My friend was born in India. His mother was born in Africa, she came to UK in 1994 as British born abroad, following this my friend came to UK as his mother's dependent and claimed British Citizenship.
So I don't know whether he is considered British from descent or not.
If your friend came to the UK and naturalised he would be British otherwise than by descent. You should clarify with him. If otherwise than by descent his child born abroad will automatically be British from birth. However, if by descent then as above.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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