How to register nationality of a baby?

[MisterJ]

Hi,

My spouse & I are on the investor visa, and we've had a baby here. We're "settled" here, but 2 years away from applying for ILR/PR.

Our home countries basically are waiting on his British papers in order to register the baby - so we're mid-application for his adjoining the T1.

But here's the problem - it asks specifically for his nationality. I initially put "British", but this leads to him not paying a IHS surcharge, so they've mailed me to say he needs to pay this.

In setting up the IHS payment, one MUST choose a nationality - he doesn't have one. I've looked at the various British ones, and none of them literally apply to him. He's not yet registered in his ancestral countries. Help?

[noajthan]

This is not a Tier 1 question!

Settled does not mean you have happened to live somewhere for 2 years or so.
You are not settled as you do not have ILR.

Consequently child is not British and cannot claim to be British.

Child will (probably) have nationality of parent.

[MisterJ]

Thanks for the reply.

I did put the word "settled" in quotes for that reason. I mean we plan to stay, but we're not officially settled.

And I believe it is a T1 question - My wife is on the T1 and our son is being added to her visa as a dependent.

As for his parents' countries - he doesn't automatically inherent our nationalities if he's not registered there yet, does he?

[noajthan]

Thanks for the reply.

I did put the word "settled" in quotes for that reason. I mean we plan to stay, but we're not officially settled.

And I believe it is a T1 question - My wife is on the T1 and our son is being added to her visa as a dependent.

As for his parents' countries - he doesn't automatically inherent our nationalities if he's not registered there yet, does he?

Child does not have Tier 1.
Its an 'immigration for family' question.

And child is considered to have parent's nationality unless you have some funny laws in your country.
Child is not British that's for sure.

[Dorkey]

Since none parents is British or holds ILR , child automatically has same nationality with the parents. What country is the child born?

[Casa]

Since none parents is British or holds ILR , child automatically has same nationality with the parents. What country is the child born?

"and we've had a baby here" But this doesn't make the child British.

[Dorkey]

Hi,

My spouse & I are on the investor visa, and we've had a baby here. We're "settled" here, but 2 years away from applying for ILR/PR.

Our home countries basically are waiting on his British papers in order to register the baby - so we're mid-application for his adjoining the T1.

But here's the problem - it asks specifically for his nationality. I initially put "British", but this leads to him not paying a IHS surcharge, so they've mailed me to say he needs to pay this.

In setting up the IHS payment, one MUST choose a nationality - he doesn't have one. I've looked at the various British ones, and none of them literally apply to him. He's not yet registered in his ancestral countries. Help?

What do you mean by home countries waiting on his British papers in order to register the baby?

Your Child isn't British yet.

[Dorkey]

"and we've had a baby here" But this doesn't make the child British.[/quote]


Oh my bad didn't see the 'we've had a baby here' in the original post. And yet UK born doesn't automatically become a British.

[Casa]

Oh my bad didn't see the 'we've had a baby here' in the original post. And yet UK born doesn't automatically become a British.

You're quite right, it doesn't.

[ohara]

Your baby has most likely acquired the nationality of the parents, depending on the nationality laws of those countries. It is highly unlikely the child has been born stateless.

As neither parent was settled in the UK at the time of the birth, the baby is not automatically a British citizen. In immigration context, settled means you are free of immigration time restrictions (ie. you have Indefinite Leave to Remain or Permanent Residence). The UK no longer practices unconditional jus soli.

Child born in the UK is entitled to register as a British citizen under section 1(3) of the British Nationality Act 1981, as soon as at least one parent becomes settled in the UK.

Long story short, when you (or spouse) acquires ILR, you can make an application for the child's British citizenship. It currently costs £936. The child itself does not require ILR.

Your home country may or may not require you to inform them when you have a child born abroad, or when you have acquire additional nationalities. At the moment the child is not British.

[Tamandua]

And child is considered to have parent's nationality unless you have some funny laws in your country.
Child is not British that's for sure.

This needs to be checked. Some countries confer citizenship based on jus solis only.

[CR001]

Seems the OP is American.

MisterJ, did you not retain your rights of residence following divorce from EU spouse and then PR?

http://www.immigrationboards.com/eea-ro ... l#p1005799

http://www.immigrationboards.com/genera ... l#p1251964