Right of abode for child born outside uk for an ILR parent

[Sivasr]

Hi,

Thanks for reading this.
I am a common wealth citizen and have an ILR in UK, not my wife. We are expecting a baby in this year end. If the baby born in outside UK, then can we apply for ROA (Right of Abode) from outside UK for the baby?

Many Thanks,
Siv

[vinny]

No, as baby is not British.

However, if born in the UK, then yes.

[secret.simon]

After 1983, only British citizens have Right of Abode. Some Commonwealth citizens who had RoA before 1983 retain it.

Your child will only get RoA if the child is a British citizen. As you only have ILR and not full British citizenship, s/he would only be a British citizen if born in the UK.

If born outside the UK, the child will follow the immigration status of the less-privileged parent (in this case, the mother) and can apply for British citizenship when both the child and one parent have ILR and the other parent has British citizenship.

[Srija]

Thanks Vinny and Simon..
Hope there will not be any issue to obtain ROA if the baby born in UK.

[CR001]

If born in the UK you can also apply directly for a British passport if you wish to.

[Srija]

Thanks CR001. One more question - if one of the parent gets Citizenship later (after baby born) then can the baby apply for ROA or that is not acceptable?

[CR001]

The baby can get RoA only if you don't get a British Passport.

If child is born outside the UK, the baby cannot get RoA regardless of your ILR or BC status. The child will not be British if born abroad.

If born within the UK, the child is automatically British and can apply for RoA on foreign passport or British passport directly.

[Sivasr]

Thanks CR001.
But one of my friend's baby born in outside UK and obtained ROA there as he was a Citizen of UK. But in this case, neither of the parents have citizenship in uk (one have ILR).

[vinny]

Why is child a UK citizen when born outside the UK at a time when neither parents were British?

Child cannot rely on a mistake.