Citizenship of Baby Born Overseas to UK by Descent Father

[ssm88]

After calling the UK hotline and paying $$$ to lawyers, no one is able to help me so I am posting here for your advice. Many thanks in advance.

I am a UK national (UK citizen by descent, born in Greece in 1978) to a father that was UK citizen NOT by descent (having been born overseas and subsequently naturalized as UK citizen prior to my birth) and mother who was in the process of naturalization. I have lived in UK for more than 7 years during my schooling and university. My wife is not a UK citizen.

I am now living in Asia and wanted to know if there is an avenue for me to transmit my nationality to my child if he/she born outside UK? Would i be able to apply to register the baby for citizenship under Section 3(2) or is my only to go have the baby in UK?

[secret.simon]

If the child is not yet born;

It would be beneficial for the child to acquire citizenship by being born in the UK. However, be aware that getting the visa for the mother-to-be may take a while. If the mother is a non-EEA citizen, she would not be entitled to NHS support unless she comes to the UK on a dependent of British citizen visa.

An alternative would be for the child to be born in Ireland. The child will be entitled to Irish citizenship at birth due to birth to a British father in Ireland.

If the child is born in Northern Ireland, it would automatically have British citizenship and also be entitled to Irish citizenship.
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If the child has already been born;

Provided you have proof, Section 3(2) is the only route for your child. Be aware that registration under Section 3(2) will also make him/her a British citizen by descent.

Alternatively, if she lives with you in the UK for three years, she can be registered under Section 3(5), which will make her a British citizen otherwise than by descent. During those three years, his/her immigration status will be the same as that of his/her mother (the less-privileged parent). So, you would need to apply for your wife to move with you to the UK under VAF 4A, with your child as her dependent.

The child can be registered only once as a British citizen and can not be "upgraded" later on.

[ssm88]

Thank you so much for your response. We want to have the baby here in Asia and wanted to know if I can apply to register for citizenship asap after baby is born or do we have to wait a few years? Is there any risk associated with this route under section 3(2). We would prefer to remain in Asia and wanted to see if there is anyway we can give birth here and acquire citizenhip for the baby by descent?

If the child is not yet born;

It would be beneficial for the child to acquire citizenship by being born in the UK. However, be aware that getting the visa for the mother-to-be may take a while.

An alternative would be for the child to be born in Ireland. The child will be entitled to Irish citizenship at birth due to birth to a British father in Ireland.

If the child is born in Northern Ireland, it would automatically have British citizenship and also be entitled to Irish citizenship.

If the child has already been born;

Provided you have proof, Section 3(2) is the only route for your child. Be aware that registration under Section 3(2) will also make him/her a British citizen by descent.

Alternatively, if she lives with you in the UK for three years, she can be registered under Section 3(5), which will make her a British citizen otherwise than by descent. During those three years, his/her immigration status will be the same as that of his/her mother (the less-privileged parent). So, you would need to apply for your wife to move with you to the UK under VAF 4A, with your child as her dependent.

The child can be registered only once as a British citizen and can not be "upgraded" later on.

[secret.simon]

Go through Page 9 of the Guide MN1.

You will need proof that you have lived in the UK for at least three continuous years with absences of no more than 270 days over the three years.

You can apply as soon as the child is born, but be aware that some registrations are taking about six months to a year.

No risk-Section 3(2) registration is an entitlement and can not be refused if requirements are met-, apart from the fact that the child will also be British by descent and will have the same issues if s/he wanted to pass the citizenship on.

The child may of course lose any other citizenship (depends on the rules of the other citizenship, not UK law) it may hold at birth if it is registered. Where in Asia do you intend for the birth to take place? What is the mother's nationality?

[ssm88]

Thank you so much for your response again. I can get that proof from my school and passport stamps. My wife is a Pakistani national and we live in Singapore. She is not pregnant at the moment but we want to make sure what our options are before planning as it will be hard for us to leave our careers and relocate to the UK. If the registration was to take a few months, would you suggest we deliver in UK to be safe as otherwise the baby would have to get a Pakistani passport and I would prefer not to go that route.

[Casa]

Does your wife only hold Pakistani nationality? If your wife has no right to reside in the UK you will have to consider the private cost of a UK birth.

She would also need to apply for a medical visitor visa prior to arrival.

If you’re applying to visit for private medical treatment
You must prove that you:
have a medical condition that needs private consultation or treatment in the UK
have made or paid for arrangements for consultations or treatment
have enough money to pay for your treatment, support yourself without using public funds and pay for your return or onward journey
will leave the UK once your treatment is completed, or when your visa expires
are not a danger to public health if you’re suffering from an infectious disease, eg leprosy

[CR001]

Does your wife only hold Pakistani nationality? If your wife has no right to reside in the UK you will have to consider the private cost of a UK birth.

She would also need to apply for a medical visitor visa prior to arrival.

If you’re applying to visit for private medical treatment
You must prove that you:
have a medical condition that needs private consultation or treatment in the UK
have made or paid for arrangements for consultations or treatment
have enough money to pay for your treatment, support yourself without using public funds and pay for your return or onward journey
will leave the UK once your treatment is completed, or when your visa expires
are not a danger to public health if you’re suffering from an infectious disease, eg leprosy

OP wants the baby born in Singapore, so no intention to come to the UK for birth.

[Casa]

Apart from "If the registration was to take a few months, would you suggest we deliver in UK to be safe as otherwise the baby would have to get a Pakistani passport and I would prefer not to go that route."

Which is why I mentioned the financial 'cons' of having a baby in the UK.

[CR001]

Apart from "If the registration was to take a few months, would you suggest we deliver in UK to be safe as otherwise the baby would have to get a Pakistani passport and I would prefer not to go that route."

Which is why I mentioned the financial 'cons' of having a baby in the UK.

Sorry, missed that, been a long day with 'you know who' arriving back today

[Casa]

Apart from "If the registration was to take a few months, would you suggest we deliver in UK to be safe as otherwise the baby would have to get a Pakistani passport and I would prefer not to go that route."

Which is why I mentioned the financial 'cons' of having a baby in the UK.

Sorry, missed that, been a long day with 'you know who' arriving back today

I prescribe something stronger than tea