British citizenship for my child

[tweety86]

Hi,

I am Romanian and I have a daughter of 1 year and 10 months. Her father was not a British citizen when my daughter was born. He became a British Citizen when my daughter was 9 or 10 months old.

During this time was living in Romania with my daughter, but we came to visit her father a few times. Fist time we came here was on 26th July 2010 and stayed until 1st of September.

We have moved in UK permanently on 23rd January 2012.

Me and her father are not married and he is not living with us.
He has recognized my daughter as his at birth when he came to Romania and signed the birth certificate.

Can anyone advice please if there is any possibility for my daughter to get British citizenship?
What is the procedure to follow?

Thank you!

[vinny]

Registration is not currently possible, as it's subject to 9.17.9-9.17.10, etc.

[tweety86]

Thank you for your answer.

I don't really understand how it works though...

Is it not possible to apply for British citizenship for her at all? Or can I apply at the discrection of the home office?

[Jambo]

Not possible at the moment. Will be possible after 5 years in the UK when you obtain Permanent Reaidence status. It will always be application at discretion.

[tweety86]

Hi there. Thank you very much for your reply.
It is very difficult for me to understand what I have to do without your help and support, so it's much apreciated.

The idea is that I would like to live in London so that my daughter can be near to her father and grow up with him in her life. He had ILR when my daughter was born, so I was thinking at that time that it won't be an issue for her to get citizenship if we decide to permanently move over here.

I find it hard now to settle over here, because I as a Romanian need work permit, and I really have no idea how i can legally get that.

The fact that I have a child with a man that is now British citizen and that at the time of my daughter's birth had ILR, as per your answer is of no help to keep us together in one city.

Do you have any idea what are the requirements for a work visa for students? I have applied for ACCA, but i don't know how much the length of the classes must be in order for me to be able to get a work permit. I would like to do my ACCA classes on a part time basis, so i can have some time for work and for my daughter.

Once again thank you very much for all your help and suport!

Regards

[Jambo]

I find it hard now to settle over here, because I as a Romanian need work permit, and I really have no idea how i can legally get that.

See Bulgarian and Romanian nationals. Once in the UK (you don't need visa to enter the UK as a Romanian), you will need to apply for a registration certificate as a student which will allow you to work.

[vinny]

If your daughter had been born in the UK, then she would have automatically been British.

[tweety86]

Hi, thank you so much for your quick answers.

Vinny that is the problem that i didn't give birth in the uk. I got stuck in romania with some pregnancy problems that didn't allow me to travel...

Jambo, I am already here since a month. I have been reading the rights of romanian and bulgarian nationals. The thing is that for this registration certificate i have no idea what i have to do. These ACCA classes are not 15 hours a week or something like that. There are 14 classes in total. because of my univestity degree i am expemt for the fisrt 3. For the other exams, i can apply to study with an university but i can apply one class at a time if i want. Like for example if i decide to go only for one class this semester, Kaplan is offering me a class for British Law which will take in total 3 days. I am very unsecure of the conditions that i have to meet in order to apply for a registration certificate as a student of ACCA.

Also am I entitled to work as self employed?

Thank you very much!

[vinny]

You do not need our permission to work in a self-employed capacity. However, you can apply for a registration certificate to confirm your right to work as a self-employed person in the UK, if you want to do this.

[tweety86]

Thanks vinny.

Do you have any idea if we declare that my daughter is living with her father, are there chances for her to receive british citizenship faster?

I know that children that were born outside of the uk from a father that didn't have british citizenship at the time of birth are not automatically entitled to british citizenship. But can't her father that is now British apply for her citizenship at the discretion earlier than 5 years?

Sorry for insisting on this. It is only because we have a family friend whose wife gave birth outside of uk. They received ILR when their son was 3 and British Citizenship when the son was 4. So my undestanding was that the child isn't supposed to wait the 5 years as long as the parents had the rights....

Thank you

[Jambo]

You can't

declare that my daughter is living with her father

if this is not true -

Me and her father are not married and he is not living with us

.

The guidelines are

9.17.10 If the parents have divorced or separated and the child does not have ongoing contact with the other parent (even if he or she shares
parental responsibility for the child) we would normally expect that:

• the parent having the day-to-day responsibility for the child is, or is about to become, a British citizen; or

• is settled here but not a British citizen and there are good reasons why registration would be appropriate, taking into account the examples given in 9.17.11 below

Also in case the father is involved with the child, it is expected that even if one parent is British, the other parent is settled (or close to be settled) in the UK which you will only obtain after 5 years in the UK.

[Greenie]

i think you also need to bear in mind that even if your daughter were British, this would not give you the automatic right to live in the UK.

[tweety86]

Thank you very much for your answers. It helped me a lot.