Registering my five year old daughter as British citizen

[kkworla]

I am a British citizen now. I want to register my 5year old daughter (Born abroad) who will be visiting me in December this year as a British citizen. Please how do I go about it. Can I do it straight away when she comes and visit in December or do I have to wait for a while. If I can do it how do I go about it please. I need urgent help on this.

[ban.s]

Also see Citizenship FAQ - common questions
Children - born abroad

[vinny]

See also British Citizenship for Children Born Overseas.

[kkworla]

Thanks very much for the reply.

Please can I register her if she comes to UK on a visitor visa or do I need her to apply for settlement visa before coming.

[vinny]

It will be Subject to discretion (3(1)).

Do take the time to read the link.

[kkworla]

Thanks Vinny

I have read through it but can't find out if its ok with a visitor visa. She has already got a visitor visa to visit me the father. She is only 5 year old. I don't intend to send her back when she comes that's why I want to find out if I can do it on the current visa she holds.

[vinny]

It's probably difficult, as visitors' future intentions are not in the UK.

[kkworla]

It's probably difficult, as visitors' future intentions are not in the UK.

VINNY I think I found this (Read Below).... which makes it more likely. WHAT DO YOU THINK.......

Conditions of stay
9.17.24 We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.
9.17.25 We should therefore normally refuse an application for the registration of a minor whose stay in the United Kingdom is restricted to a specific period.
9.17.26 But if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important, if:a. the minor meets the other normal criteria for registration set out in 9.17; and
b. the parents meet the criteria set out in 9.17.9-9.17.14 above, then we should consider whether registration would be
- 50 -
appropriate.

[Amber]

What is the nationality and immigration status of the other parent?

[Jambo]

It's probably difficult, as visitors' future intentions are not in the UK.

VINNY I think I found this (Read Below).... which makes it more likely. WHAT DO YOU THINK.......

Conditions of stay
9.17.24 We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.
9.17.25 We should therefore normally refuse an application for the registration of a minor whose stay in the United Kingdom is restricted to a specific period.
9.17.26 But if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important, if:a. the minor meets the other normal criteria for registration set out in 9.17; and
b. the parents meet the criteria set out in 9.17.9-9.17.14 above, then we should consider whether registration would be
- 50 -
appropriate.

This is more for British citizens (from birth) moving back to the UK with their family rather than someone who lived in the UK for several years then naturalised and his family hasn't been living with him in the UK.

This is an application by discretion and it's unlikely the HO would grant her citizenship without actually living in the UK (visitor visa doesn't count).

[CR001]

Thanks Vinny

I have read through it but can't find out if its ok with a visitor visa. She has already got a visitor visa to visit me the father. She is only 5 year old. I don't intend to send her back when she comes that's why I want to find out if I can do it on the current visa she holds.

The bold/red bit here really is concerning me. Where is the mother of the child, is she in the UK too as from your previous posts, you are divorced? Who has custody of the child?

[kkworla]

Thanks Vinny

I have read through it but can't find out if its ok with a visitor visa. She has already got a visitor visa to visit me the father. She is only 5 year old. I don't intend to send her back when she comes that's why I want to find out if I can do it on the current visa she holds.

The bold/red bit here really is concerning me. Where is the mother of the child, is she in the UK too as from your previous posts, you are divorced? Who has custody of the child?

She stays with the mother abroad. But she wants to come and stay with me. So lets say the mother has given me the go ahead to take full custody of the child as she is my biological daughter. This is not a child from my previous marriage but rather a result of extra marital affair.

[kkworla]

What is the nationality and immigration status of the other parent?

The other parent lives abroad and has never been to the UK before. But this is my biological daughter.

[Amber]

You will have difficulty with future intentions if the other patent is not settled or British and also lives abroad, moreover, I doubt the mother would just 'give up' her child.

[kkworla]

You will have difficulty with future intentions if the other patent is not settled or British and also lives abroad, moreover, I doubt the mother would just 'give up' her child.

Not at all. She has. BECASUE she told me she will get her solicitor to write a letter to confirm that she has given her consent for the child to be registered as a British. So if I will have difficulty with future intentions what do you think I should do. Should I get her to apply for settlement visa before coming to the UK?

[CR001]

Giving a letter of consent to registering the child as British Citizen is very different to giving up parental responsibility, which has an element of legal proceedings to go through! What is the childs' current nationality?

Does your name appear on the child's birth certificate?

[kkworla]

Giving a letter of consent to registering the child as British Citizen is very different to giving up parental responsibility, which has an element of legal proceedings to go through! What is the childs' current nationality?

Does your name appear on the child's birth certificate?

Yes my name has been on her birth certificate since 2008 when she was born as the father. She is Ghanaian because she was born and has lived in Ghana since. I am the one looking after her all this while.

[CR001]

Perhaps if you explained the whole story it might make sense to those you are asking for advice.

You say in one post that you 'don't intend to send her back' which leads a person to believe you have arranged a visit but will just keep her!! and obviously there are major issues and consequences with this as it is the same as kidnapping, regardless if the child wants to stay with you as she is still considered too small to make that choice herself in the eyes of any legal system.

Then you say the mother has 'given the go ahead for you to take full custody' - which I struggle to understand as a mother myself.

And lastly you say that 'the mother will give a letter of consent to registering the child' - this is very different to custody.

[kkworla]

Perhaps if you explained the whole story it might make sense to those you are asking for advice.

You say in one post that you 'don't intend to send her back' which leads a person to believe you have arranged a visit but will just keep her!! and obviously there are major issues and consequences with this as it is the same as kidnapping, regardless if the child wants to stay with you as she is still considered too small to make that choice herself in the eyes of any legal system.

Then you say the mother has 'given the go ahead for you to take full custody' - which I struggle to understand as a mother myself.

And lastly you say that 'the mother will give a letter of consent to registering the child' - this is very different to custody.

Thanks for the advice but lets get it straight. There is nothing like Kidnapping here and don't read too much into who owns the child or not . I think you are getting too far with what you are trying to establish. I am British and I want to know if my daughter whom I wanted to come and visit me can join me permanently. All I want to know is as she is on a visitor VISA already can I go ahead when she comes to the UK or do I need to get her to apply for settlement Visa in Ghana before coming. Am surprised you raising issues about me saying I don't intent to send her back.... There is nothing like kidnapping because obviously our culture permits the child to live with any parent who can take care of her. And this is my biological child so if the mother is ready to allow my daughter to join me here in the UK I don't think there should be any problem with it. I have just been thinking about the stress of applying for settlement visa in Ghana where I have to pay £853 and then bring her to the UK and pay another £653 for naturalisation. So all I want to know is can I do it on a visitor VISA or should I go for a settlement VISA in Ghana before she travels this is all I want to establish. Don't ever think there are any parental issues. This is a mutual agreement. The mother wants the child to get good education and training here in the UK. So please advice on the VISA ISSUE RATHER THAN PARENTAL ISSUES. THANKS

[Jambo]

As the child was born abroad, the application is at discretion. It would be very unlikely the HO would grant her BC without having a settlement status or having spent some time in the UK (not as a visitor).

You can take the risk and apply but I would say the chances are slim.

[kkworla]

As the child was born abroad, the application is at discretion. It would be very unlikely the HO would grant her BC without having a settlement status or having spent some time in the UK (not as a visitor).

You can take the risk and apply but I would say the chances are slim.

Thank you. This is all I want to know. I will go ahead and get her to apply for settlement Visa so she can stay here.

[kkworla]

Thank you. This is all I want to know. I will go ahead and get her to apply for settlement Visa so she can stay here.

[CR001]

I am only trying to help you and to point out the potential difficulties you might have as there are numerous documented cases relating to children with parents in different countries who visit the non custodial parent and then never being sent back. This is unfortunately a reality in the world we live in. But as Jambo has advised, it would be best to apply for a settlement visa.

Am surprised you raising issues about me saying I don't intent to send her back

And please don't put words in my mouth as I did not say this but rather quoted what you said in your first post in this thread! Think about what this sounds like to someone else who is reading it then perhaps you will understand why I have posted my previous answer.

Please don't take things so personally when someone is trying to help you!!

[kkworla]

I am only trying to help you and to point out the potential difficulties you might have as there are numerous documented cases relating to children with parents in different countries who visit the non custodial parent and then never being sent back. This is unfortunately a reality in the world we live in. But as Jambo has advised, it would be best to apply for a settlement visa.

Am surprised you raising issues about me saying I don't intent to send her back

And please don't put words in my mouth as I did not say this but rather quoted what you said in your first post in this thread! Think about what this sounds like to someone else who is reading it then perhaps you will understand why I have posted my previous answer.

Please don't take things so personally when someone is trying to help you!!

I get you. I am not taking it personal. Sorry if I sounded like that. I am very appreciative for all your help throughout my journey to becoming a British . I will go ahead and apply for a settlement visa for her. Thank you very much for your support.

[CR001]

All the best with the settlement application and I hope your daughter enjoys the UK when she gets here. Shout if you need any more help.

C.