new baby born

[salimsonga]

hi,
my wife (British Citizen) lives outside UK and expecting new baby by March 2014 to be born outside of UK. my questions are:-

1)will the new baby automaticly can get UK citizen/passport?
2)will the new baby can pass the UK citizenship to his/her future childern?


thanks

[Jambo]

People born abroad cannot pass their British citizenship to their children if born abroad. They can pass their BC if the child is born in the UK.

1) depends on what basis your wife is British. If born abroad, no. If born in the UK or naturalised, yes.
2) assuming (1) is yes then: no if they give birth abroad. Yes if they give birth in the UK.

[lynxukauq]

2) assuming (1) is yes then: no if they give birth abroad. Yes if they give birth in the UK.

One more point to add to Jambo post is that;-

If the child is born abroad and he or she gets UK passport they will be classed as 'by descent' as the parent is able to pass on their citizenship to one generation, Now if their children are born abroad as well they will not be able to gain UK citizenship/passport automatically but if they come and live in the UK for 3 years they can register that child as a British citizen under Section 3(2) or Section 3(5) of the BNA 1961

I hope this make sense

[salimsonga]

hi,
my wife born outside UK (her parents not UK citizen) and got UK citizenship/passport in 2006 after she studied/lived/worked in London for 11 years. now she is living/working outside UK more than 5 years. she is expecting a new baby in March 2014, my questions:-
1) will she be able to pass UK citizenship/passport to new born child in march 2014 if she deleiver the baby outside of UK.
2) will she be able to pass UK citizenship/passport to new born in march 2014 if we deleiver the baby inside UK (we can move to UK from now)

please reconfirm and provide your feedback


thanks

[Jambo]

In that case

People born abroad cannot pass their British citizenship to their children if born abroad. They can pass their BC if the child is born in the UK.

1) depends on what basis your wife is British. If born abroad, no. If born in the UK or naturalised, yes.
2) assuming (1) is yes then: no if they give birth abroad. Yes if they give birth in the UK.

[salimsonga]

thanks for your feedback, one more questions:-
1) new born deleivery date is march 2014, can my wife travel to UK for hospital registeration process and leave UK as she has work abroad.
2) wife will be able to live in UK temporarly for baby deleivery from Decmber 2013.

thanks

[Jambo]

Strictly speaking the NHS doesn't cover people living abroad who return just to give birth. In practice, no one hardly checks.

As I said, the child will be British from birth. The only difference if born in the UK is the ability to transfer BC to his children if born abroad. I would personally have the delivery in a place I feel comfortable and have support. I would not travel to the UK just for the sake of my grandchildren citizenship if born abroad. Your choice.

[salimsonga]

thanks Jambo for your feedback, however am confused lynxukauq comments.
just want to know if my wife (UK citizen born outside of UK) can pass her UK citizenship/passport to her child going to born outside of UK?

please provide YES or NO answer


thanks

[Jambo]

thanks Jambo for your feedback, however am confused lynxukauq comments.
just want to know if my wife (UK citizen born outside of UK) can pass her UK citizenship/passport to her child going to born outside of UK?

please provide YES or NO answer


thanks

Yes.
(It's doesn't matter she was born abroad as she was not born British so she can pass it one generation. Your child born abroad will be British from birth and will not be able to pass the citizenship to his children if they are born abroad).

[salimsonga]

thanks Jambo, can you please send me URL for this rule from the UK border Agency website?

also what does the below statement from UKBA means exactly specially the word descent?
Children born abroad to parents who are British by descent and who have lived in the United Kingdom in the past


thanks

[Amber]

See If you were born outside the United Kingdom or a qualifying territory (click).

As the Mother is British otherwise than by descent, the child is British by descent when born aboard. Those who are British by descent cannot pass their British nationality to children born abroad (subject to a few exceptions).

[lynxukauq]

thanks Jambo for your feedback, however am confused lynxukauq comments.
just want to know if my wife (UK citizen born outside of UK) can pass her UK citizenship/passport to her child going to born outside of UK?

please provide YES or NO answer


thanks

Hi Salim

I was referring to the birth of your Grandchildren.

A) If your wife gives birth outside UK, your baby will be british by descent, and that child cannot pass on the citizenship to their children (unless they come and live in UK)

B) If your wife gives birth inside UK, your baby will be British Otherwsie than by descent, and that child can pass on the citizenship to their children

The link I sent you was related to the registration of your grandchildren as british citizen if your meet option A.

To make things simple your baby born outside UK will be British (called "by descent") and if born in UK will also be British (called "otherwise than by descent")

British "Otherwise than by descent" can pass on their citizenship to children born abroad

British "by descent" cannot pass on their citizenship to children born abroad.

[salimsonga]

thanks lynxukauq for your clearification, but my wife was born outside of UK & her parents are non UK citizen , so she called "british by descent" , so my wife cannot pass on her citizenship to children born abroad , right?

thanks

[Amber]

thanks lynxukauq for your clearification, but my wife was born outside of UK & her parents are non UK citizen , so she called "british by descent" , so my wife cannot pass on her citizenship to children born abroad , right?

thanks

No, your wife was naturalised, and thus is British otherwise than by descent and this the child if born abroad would be British by descent.

[salimsonga]

hi. Is it must for my wife to not be out of uk for more than 270 days. I saw in ukba site. Check below plz

http://www.ukba.homeoffice.gov.uk/briti ... ornabroad/

[vinny]

No. That link is not applicable to your wife, if her neither of her parents were British; ie her claim to citizenship was not based on her parents.

A naturalised person is British otherwise than by descent.

[Ayyubi72]

There is something known as going around in circles.

[sokrates99]

Hello,
I have a related question.
I was naturalised as a British Citizen on 9th Oct 2013. My wife gave birth to our son outside the UK on 22nd Oct 2013. I understand that he automatically became British by descent. My wife and the baby will come back to the UK in January 2014. We are thinking about moving back to our country of birth at some point in the future but not for another few years.
Assuming all three of us stay in the UK for at least 3 more years will my son be able to pass British Citizenship to his children (my grandchildren) if they are born abroad (registration under section 3(2)?
I'm asking that now as if the answer is yes then I will need to collect some evidence for the next 3 years (and I will have to keep this paperwork safe for 20 years or so ). Do you think my and my wife's p60s / payslips will be sufficient? How else can you prove that a 0-3 year old baby lives in the UK?

Thanks for your help!

[Ayyubi72]

I would suggest that look after your health and your child's health and good upbringing etc. Let your child decide when they grow up about what they want to do about their children.

Or spend next 20 years about your grandchildren's (when they are born) possibiltiy of obtaining a red passport. But I can guess your country of birth and I think you will choose to worry for next 20 years.

I will give you some other things to worry about and get stressed.

What if British Nationality Act is amended, as it has been in past many a times, and your grand children somehow do not qualify. What would you do?

[sokrates99]

I would suggest that look after your health and your child's health and good upbringing etc. Let your child decide when they grow up about what they want to do about their children.

That's exactly what I want to do. I will let him choose but in order for him to even have a choice he will need some evidence. Otherwise there is no choice.

But I can guess your country of birth and I think you will choose to worry for next 20 years.

My country of origin is Poland so as long as the EU stays in one piece I haven't got much to worry about

What if British Nationality Act is amended, as it has been in past many a times, and your grand children somehow do not qualify. What would you do?

What if we get invaded by Aliens? I am not stressing about it but I just don't want to regret in the future that I misplaced some important paperwork.