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The helplines are notoriously unreliable, Call again tomorrow, get another answer.kenaness wrote:Hi All,
I am a British National (by descent, I was born in Syria), been living in the UK since October 2011.
My wife is a Syrian National (she is currently NOT settled in the UK, been taking care of her sick father who sadly passed away on the 5th of this month).
Our son was born in London a few days back and as per this link from the UK government:
https://www.gov.uk/register-british-cit ... after-1983
he should be a British citizen automatically since I am British and he was born IN the UK.
I called the passport office to inquire and they shockingly told me that he is NOT a British citizen because I was born outside the UK and am British by descent and I can't pass my citizenship on to him. I know this is true IF the child is born OUTSIDE the UK. They told me to contact the Home Office.
...
My friend (who's an immigration lawyer) was also shocked and has promised to look into.
Does anyone know of this situation?
Thanks.
Ref HO guidance:A child born in UK to parents one or both of whom areat the time of child's birth is automatically a British citizen otherwise than by descent and does not need to be registered
- British citizens, or
are settled in UK
First rule of UK immigration is don't talk to UK helpline.kenaness wrote:Thanks a lot for your reply.
The lady was very very sure that he is NOT a British Citizen but everyone is telling me they are just misinformed on numerous issues.
For the purposes of section 1(1) there is no distinction between British citizenship otherwise than by descent, and British citizenship by descent.1 Acquisition by birth or adoption.
(1)A person born in the United Kingdom after commencement [or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is—
(a)a British citizen; or
(b)settled in the United Kingdom [or that territory].