Child British citizenship eligibility

[theok]

Hi all,

I would like to ask some help with regards to my current situation. Me and my wife have been living in the UK for the past few years (For me it was since 2008) and have recently moved back to Greece. We have given birth to our son in February 2018 and the place of birth was Greece. I have then applied for British nationality (for myself only) and was naturalized (ceremony) in July 2018, which is after our son's birth.

We currently live in Greece. I am trying to figure out whether my son is eligible for British nationality (by descent) and passport and would appreciate your help.

Many thanks in advance,
Theo

[CR001]

Unfortunately not. A child born abroad before you became British is not British by descent and also has no entitlement to apply for British citizenship.

[theok]

Excuse my persistence, are we certain about this ?

[CR001]

Excuse my persistence, are we certain about this ?

Yes. If neither parent was British at the time a child is born overseas, then the child is NOT British and also has no entitlement to register a Brtish. Any application for the child would be at the Secretary of States discretion and can be refused.

You obtaining citizenship is not passed on to children retrospectively born before you naturalised.

Had the child been born in the UK, then likely they would have been British.

Presumably, your spouse is not British as you have stated you only applied for citizenship for yourself

[theok]

Yeah she is not. The million dollar question is, shall I bother applying or it will be a big NO ? I am just trying to exhaust the matter with all my questions once and for all. Thanks again for all the help and advice.

[CR001]

It will be a NO and you lose your fee of £1012.

What is the other parents' UK Immigration status??

[secret.simon]

Given that you recently moved "back" to Greece, presumably you are a Greek citizen?

If you had worked in the UK for five consecutive years, you would have automatically acquired PR in the UK.

If the child had been born in the UK after you acquired PR, the child would have been born a British citizen, even if you were not yourself a British citizen.

Children born abroad to parents who were not British citizens on the date of the birth of the child can only be registered as British citizens if at least one parent is a British citizen and the other parent and child are both settled in the UK (have ILR or PR). So, as CR001 has asked, what is the UK Immigration status of the other parent?

[theok]

My wife's immigration status is non-British and without PR. She is Greek national indeed. However, she had been living with me in the UK since 2012 up to until a few months back when she gave birth to our son. Thanks all for your advice and help, message taken.

Maybe I can give him for a quick adoption and adopt him back

Thanks again for your help