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Child born abroad to a British father

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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Britvox
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Child born abroad to a British father

Post by Britvox » Thu Aug 31, 2017 9:24 pm

I am looking for clarification. I wish to acquire British Citizenship for my child. My child
was born outside the U.K. (USA) in 2007 to a British Citizen ( Father) " otherwise than by descent" ( Father was born in UK to British born parents).
Question: based on these facts does not the child automatically acquire British Citizenship ?
And if that is the case does the child still need to be registered via MN1 and if so what is the answer to Section 1 question 1.1 ?

Richard W
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Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Child born abroad to a British father

Post by Richard W » Thu Aug 31, 2017 9:56 pm

The child is automatically British. The only ways od creating a record of that fact are to obtain a British passport (recommended) or apply for a Certificate of Entitlement to Right of Abode, which is only sensible when there are penalties for holding a British passport or problems obtaining a British passport.

Britvox
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Re: Child born abroad to a British father

Post by Britvox » Thu Aug 31, 2017 10:04 pm

Thanks . It seems it was good that my child was born post 1st July 2006 as I was never married to
my child's mother.
Question : will my child's children be automatically eligible for British Citizenship or will this depend on where they are born ?

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CR001
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Re: Child born abroad to a British father

Post by CR001 » Thu Aug 31, 2017 10:06 pm

Britvox wrote:
Thu Aug 31, 2017 10:04 pm
Question : will my child's children be automatically eligible for British Citizenship or will this depend on where they are born ?
Your child is British by descent. If their children are born outside the UK, they will not be automatically British. If the children are born in the UK, they children will be automatically British otherwise than by descent.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Child born abroad to a British father

Post by Richard W » Fri Sep 01, 2017 12:19 am

Britvox wrote:
Thu Aug 31, 2017 10:04 pm
Thanks . It seems it was good that my child was born post 1st July 2006 as I was never married to my child's mother.
The replies assume she wasn't married to someone else when the child was born. (It happens.) For automatic citizenship, you need to have been recorded on the birth certificate within 12 months of the birth. Otherwise, I would argue that the child isn't British until the Home Secretary admits that it is. To be precise, not until you satisfy the Home Secretary that you are the natural father.

JAJ
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Re: Child born abroad to a British father

Post by JAJ » Fri Sep 01, 2017 3:10 am

Richard W wrote:
Thu Aug 31, 2017 9:56 pm
The child is automatically British. The only ways od creating a record of that fact are to obtain a British passport (recommended) or apply for a Certificate of Entitlement to Right of Abode, which is only sensible when there are penalties for holding a British passport or problems obtaining a British passport.
Additional methods of evidencing British citizenship:

- consular birth certificate (available for U.S. births). Can be held alongside a passport and unlike a passport, does not expire.
- Nationality Status Letter, although this is usually only required to deal with complex nationality claims.
This is not intended to be legal or professional advice in any jurisdiction.

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