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A question regarding my daughter (8y) eligibility please.

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

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bernd72
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Posts: 1
Joined: Fri Nov 18, 2016 2:41 am

A question regarding my daughter (8y) eligibility please.

Post by bernd72 » Fri Nov 18, 2016 3:21 am

Hello all,
Please, I need your advice regarding the following important matter,
I’m a British citizen, naturalized in June 2010
My wife is a British citizen, naturalized in May 2012,
Our younger son is a British citizen by descent (parents), born in USA in 2013.
We have a very confusing situation regarding our older daughter, she was born in USA in May 2008. At the time we stayed in USA 4 months only because of my job but I was a UK resident based on EU spouse status (my wife was EEA –EU, UK resident).
After giving a birth to our older daughter in USA May 2008 we moved back to UK in September 2008 where we all (including our older daughter) held Indefinite Leave to Remain and stayed in UK till Oct 2011, then we moved to USA where we are currently residing.
As I mentioned above, I got naturalized in 2010, my wife in 2012, but until now we don’t know how to register our daughter (now age 8y) as a British citizen!
Unfortunately & mistakenly we assumed that our daughter would get the British Citizenship automatically through parents but The British Consulate here in Washington D.C. did not give us any proper answer or a guideline and what to do..!!
Please, if anyone kindly can advise what steps, application and documents we need to take & submit in order to register our older daughter as a British Citizen.
Your help in this matter would be greatly appreciated

All the best

Bernd

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: A question regarding my daughter (8y) eligibility please

Post by vinny » Fri Nov 18, 2016 7:00 am

There is a risk of her failing on Future intentions grounds (9.17.2).

Moreover, she may have been absent from the UK for far too long to qualify as a returning resident. She may have to return to the UK with a settlement visa (ILE expected) with all the family and apply for citizenship from within the UK.
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
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: A question regarding my daughter (8y) eligibility please

Post by ohara » Fri Nov 18, 2016 7:47 am

bernd72 wrote:Unfortunately & mistakenly we assumed that our daughter would get the British Citizenship automatically through parents but The British Consulate here in Washington D.C. did not give us any proper answer or a guideline and what to do..!!
Please, if anyone kindly can advise what steps, application and documents we need to take & submit in order to register our older daughter as a British Citizen.
Your help in this matter would be greatly appreciated

All the best

Bernd
What made you think that a child born in the USA to two non-British parents would acquire British citizenship :?:

I believe vinny is correct and there is no provision in your situation for your daughter to become a British citizen. Unless you intend to move back to the UK on a permanent basis, it's likely that your daughter has zero chance.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: A question regarding my daughter (8y) eligibility please

Post by noajthan » Fri Nov 18, 2016 8:58 am

bernd72 wrote:Hello all,
...
We have a very confusing situation regarding our older daughter, she was born in USA in May 2008. At the time we stayed in USA 4 months only because of my job but I was a UK resident based on EU spouse status (my wife was EEA –EU, UK resident).
After giving a birth to our older daughter in USA May 2008 we moved back to UK in September 2008 where we all (including our older daughter) held Indefinite Leave to Remain and stayed in UK till Oct 2011, then we moved to USA where we are currently residing ...

Bernd
There is no 'reverse inheritance' for such minors.
Any ILR is lost after 2 years absence from UK.

Foreign-born child simply registers as citizen at discretion of Home Secretary after she (the child) has gotten settled status in UK.

Start here:
https://www.gov.uk/government/publicati ... structions
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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