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Children's citizenship status

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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brettster1
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Children's citizenship status

Post by brettster1 » Sun Nov 13, 2016 3:28 pm

Hi there,
I've been trying to figure out from gov.uk whether my 3 kids are British citizens or eligible to register for citizenship, but am admitting defeat... So, I am looking for informed opinion/advice!
All 3 kids are in a slightly different situation citizenship-wise, I think, though they share the same father (me!) and mother.
I am British. My wife is Swedish. We married in 2004 (July). We lived in England until 2005 but since then have lived abroad.
Child 1: Born in England in 2002, i.e. when we were not yet married.
Child 2: Born in England in Sep 2004, i.e. when we were married.
Child 3: Born in Sweden in 2009, i.e. when we were married.

Any thoughts on their respective statuses? Thanks!

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alterhase58
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Re: Children's citizenship status

Post by alterhase58 » Sun Nov 13, 2016 4:00 pm

From my perspective (wife British me EU currently) - three children born in UK = British from birth. My son in the US with one child (mother US) therefore British by descent (I believe).

So #1 and #2 British by birth
#3 British by descent - but perhaps someone can give a second opinion?
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Re: Children's citizenship status

Post by secret.simon » Sun Nov 13, 2016 4:22 pm

brettster1 wrote:Child 1: Born in England in 2002, i.e. when we were not yet married.
Child not British, as born to unmarried British father before July 2006. Needs registration with Form UKF to acquire British citizenship.
brettster1 wrote:Child 2: Born in England in Sep 2004, i.e. when we were married.
Born British citizen otherwise than by descent. Can pass his/her citizenship to one generation outside the UK.
brettster1 wrote:Child 3: Born in Sweden in 2009, i.e. when we were married.
Born British citizen by descent. Can not pass his/her British citizenship to their children if born outside the UK.
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.

brettster1
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Re: Children's citizenship status

Post by brettster1 » Sun Nov 13, 2016 8:07 pm

Thanks secret.simon. So I was right that it is complicated...

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CR001
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Re: Children's citizenship status

Post by CR001 » Sun Nov 13, 2016 8:26 pm

brettster1 wrote:Thanks secret.simon. So I was right that it is complicated...
No, not complicated at all, not compared to some stories we see.

UKF is a relatively simple application and only costs £80 versus MN1 registration at £936.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Re: Children's citizenship status

Post by vinny » Mon Nov 14, 2016 12:50 am

secret.simon wrote:
brettster1 wrote:Child 1: Born in England in 2002, i.e. when we were not yet married.
Child not British, as born to unmarried British father before July 2006. Needs registration with Form UKF to acquire British citizenship.
It's possible that child may be automatically British otherwise than by descent due to the subsequent marriage of the parents.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ohara
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Re: Children's citizenship status

Post by ohara » Mon Nov 14, 2016 9:23 am

In 2002, didn't children born to EEA citizens in the UK while they were exercising treaty rights automatically acquire British citizenship? Or was the change that required PR implemented before then :?:

vinny
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Re: Children's citizenship status

Post by vinny » Mon Nov 14, 2016 9:34 am

Unfortunately, the cut-off date was 2 October 2000.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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