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Child citizenship - ICT Tier 2

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

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realspirituals
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Child citizenship - ICT Tier 2

Post by realspirituals » Mon Aug 08, 2016 3:00 pm

Hi Guys,

Currently I am an Indian National, on ICT Tier 2 Short Term Visa and here with my wife (on a dependent visa). Recently she gave birth to our first child and I am in the process of obtaining an Indian Passport for the child. I was going through the internet and found the below note and confused.
Children born in the UK to parents who are neither British citizens nor permanent residents may be entitled to register as citizens if the parents can satisfy the authorities that there is a good reason why the child should be registered as a British citizen.
Is it really possible to obtain a UK passport for my child?

Thanks in advance.

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noajthan
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Re: Child citizenship - ICT Tier 2

Post by noajthan » Mon Aug 08, 2016 3:05 pm

A minor fortunate enough to be born in UK is entitled to register as a citizen once one parent achieves settled status in UK.
If registered as a citizen the child then has the option to apply for the privilege of a British passport.

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secret.simon
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Re: Child citizenship - ICT Tier 2

Post by secret.simon » Mon Aug 08, 2016 3:12 pm

Can you post a link to the website where you got the quote from?

Generally children born in the UK only get British citizenship if one of their parents is settled in the UK (ILR, PR or Irish citizen) or is a British citizen.

The law does give powers to the Home Office to register a child as British, but that discretion is exercised only on strict conditions being met. See the paragraphs relating to Section 3(1) in Guide MN1.

The chances of such registration are very rare verging on non-existent for your child.

Alternatively, after the child has lived for the first ten years of its life in the UK continuously (except for breaks of no more than 90 days in a year), it would have a lifelong entitlement to British citizenship.

Otherwise, if it has lived for seven years in the UK, it can apply for FLR(FP) until it acquires ILR.

The website is incorrect to state that it is an entitlement. Such entitlement would only arise when one parent acquires ILR/PR status.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: UK Born Child Citizenship

Post by CR001 » Mon Aug 08, 2016 3:12 pm

No. You will need ILR before you are able to register your child as British citizen. Unfortunately, your visa category does not lead to ILR.
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