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Why would having a specific kind of job help your child obtain British nationality? Or your cousin? Where'd you come up with that???nikhil wrote:Hi all
I am on HSMP now in the UK. I am married and my wife has been with me in the UK as well for more than an year now. She got her dependant visa after I got my HSMP visa sorted out.
I wanted to know if we have a child in the UK, is there any way of making that child a british citizen? According to the british law a child can be a british citizen if at least one of the parents is "settled" in the UK which "usually" means that the parent needs to have IFLR or Right to Abode.
However is there a way around this "settled" and "usually" clause? Say on the basis of jobs, or first cousins settled in the UK since about 30 years and so on and so forth?
Duh..dude go easy or else stay out of my threads...sakura wrote:Why would having a specific kind of job help your child obtain British nationality? Or your cousin? Where'd you come up with that???nikhil wrote:Hi all
I am on HSMP now in the UK. I am married and my wife has been with me in the UK as well for more than an year now. She got her dependant visa after I got my HSMP visa sorted out.
I wanted to know if we have a child in the UK, is there any way of making that child a british citizen? According to the british law a child can be a british citizen if at least one of the parents is "settled" in the UK which "usually" means that the parent needs to have IFLR or Right to Abode.
However is there a way around this "settled" and "usually" clause? Say on the basis of jobs, or first cousins settled in the UK since about 30 years and so on and so forth?
No, there is no loophole you can use to have a child and get British nationality for them. Jobs or 'cousins' have no effect on nationality laws. If you don't have ILR, BC or an equivalent of them, or you are stateless, then your child cannot be registered as British simply by virtue of being born here.
Once you obtain ILR and the child is born here, then you can register the child as a British citizen immediately.
Peanut in my skull?nikhil wrote:Duh..dude go easy or else stay out of my threads...sakura wrote:Why would having a specific kind of job help your child obtain British nationality? Or your cousin? Where'd you come up with that???nikhil wrote:Hi all
I am on HSMP now in the UK. I am married and my wife has been with me in the UK as well for more than an year now. She got her dependant visa after I got my HSMP visa sorted out.
I wanted to know if we have a child in the UK, is there any way of making that child a british citizen? According to the british law a child can be a british citizen if at least one of the parents is "settled" in the UK which "usually" means that the parent needs to have IFLR or Right to Abode.
However is there a way around this "settled" and "usually" clause? Say on the basis of jobs, or first cousins settled in the UK since about 30 years and so on and so forth?
No, there is no loophole you can use to have a child and get British nationality for them. Jobs or 'cousins' have no effect on nationality laws. If you don't have ILR, BC or an equivalent of them, or you are stateless, then your child cannot be registered as British simply by virtue of being born here.
Once you obtain ILR and the child is born here, then you can register the child as a British citizen immediately.
Unless you are a cliched frog in the well you should know that usually all countries come up with a list of professionals/jobs which currently are lacking in the country from time to time. Often in these cases having a particualr skill set helps speed up applications.
Behind the cousins etc... the rationale is simple...the official definition of the criterion for citizenship for a child is that the parent is "settled" which "usually" means ILTR or right to abode. In this definition it is not clerly stated that a parent "has to have" or it is "mandatory to have" either of the two and thus it leaves the statement open for interpretation for the meaning of "settled". The idea behind cousins (and letters of support from them) is to prove to the authorities that I have a solid base in the UK and for all practical purposes I am "settled" here. I have a close knit family (all pretty rich) who are ready to support me if needed, I have a well paying job and have been living in this country for some years now which might make a good case for "settled".
So unless you are ready to open up that peanut in your skull a bit and make it work a little, kindly do stay out of my threads...
I wanted to know if we have a child in the UK, is there any way of making that child a british citizen? According to the british law a child can be a british citizen if at least one of the parents is "settled" in the UK which "usually" means that the parent needs to have IFLR or Right to Abode.
an indication to me that you are trying to find something outside the rules that just doesn't exist.However is there a way around this "settled" and "usually" clause? Say on the basis of jobs, or first cousins settled in the UK since about 30 years and so on and so forth?
If you still haven't got your answer or still not convinced then I would suggest that you contact a immigration lawyer who might help you with your queries.nikhil wrote:What I am aiming to find out here is if there could be certain other conditions which when put together might put an individual under this "settled" category and hence give the child a BC?
Thanks olisun. I did exactly that today and it seems I was right all along. There are potential ways around the "settled" clause.olisun wrote:If you still haven't got your answer or still not convinced then I would suggest that you contact a immigration lawyer who might help you with your queries.nikhil wrote:What I am aiming to find out here is if there could be certain other conditions which when put together might put an individual under this "settled" category and hence give the child a BC?
I would suggest you consult more lawyers since AFAIK and like some others have mentioned, the child cannot obtain BC if either of the parent does not hold hold ILR to the minimum (I think there is also a 7yr exceptional situation rule).nikhil wrote: Thanks olisun. I did exactly that today and it seems I was right all along. There are potential ways around the "settled" clause.
We all, or mostly all, have an open mind but we're not mind readers. So unless the OP clarifies his/her point, one can't expect us to answer sufficiently. Hence, confusion.nikhil wrote:Thanks olisun. I did exactly that today and it seems I was right all along. There are potential ways around the "settled" clause.olisun wrote:If you still haven't got your answer or still not convinced then I would suggest that you contact a immigration lawyer who might help you with your queries.nikhil wrote:What I am aiming to find out here is if there could be certain other conditions which when put together might put an individual under this "settled" category and hence give the child a BC?
thanks for all your help everyone, as a small suggestion, please do try and keep an open mind some times.
No chance of being "settled" unless you hold:sakura wrote: I need only point you to ask your lawyer/s for any case laws regarding this matter, and what the BN Act 1971, 1981 and Nationality and Immigration Act 1993 say about the definition - as olisun points out, many people could argue they feel "settled" according to their own definition, so there must be a case law out there already.
JAJ - just what I've been trying to point out! Thank you for confirming. As an aside, do you think they'll change the special treatment for Irish Citizens any time soon ("special treatment" isn't exactly what I mean, but the fact that they are given "settled" status against other EEA nationals)? Does Ireland do the same for BCs?JAJ wrote:No chance of being "settled" unless you hold:sakura wrote: I need only point you to ask your lawyer/s for any case laws regarding this matter, and what the BN Act 1971, 1981 and Nationality and Immigration Act 1993 say about the definition - as olisun points out, many people could argue they feel "settled" according to their own definition, so there must be a case law out there already.
- Indefinite Leave to Remain; or
- Right of Abode; or
- Irish citizenship;or
- citizenship of another EEA state or Switzerland, and have been exercising Treaty rights for 5 years in most cases [rules were different prior to 30.04.06 and again prior to 02.10.00]
What potential ways did you find around the settled clause. If there is such an usual way different than what is layed out, would you mind sharing.nikhil wrote: Thanks olisun. I did exactly that today and it seems I was right all along. There are potential ways around the "settled" clause.
thanks for all your help everyone, as a small suggestion, please do try and keep an open mind some times.
I did not "attack" sakura at any point really. I read his reply, felt it was offensive and hence replied back in a stern tone. I really do not want to offer any more explaination than this. We all have our own criterion for offensive comments and on my own Sakura's post was a fit match just as mine was on all your lists.SYH wrote:What potential ways did you find around the settled clause. If there is such an usual way different than what is layed out, would you mind sharing.nikhil wrote: Thanks olisun. I did exactly that today and it seems I was right all along. There are potential ways around the "settled" clause.
thanks for all your help everyone, as a small suggestion, please do try and keep an open mind some times.
However I do have to point out that the way you were trying to get around settled status didn't make sense because your original scenario was to use the HO's words against it by coming up with your own definition of settled status which is not the way HO's defines it. This is not a viable method, and attacking sakura for not buying this definition is really unfair. And to be fair, it didn't make sense, that your cousin could claim settled status on your behalf and further, I do think settled is very defined because the application to obtain settlement indicates the criteria for settlement.
However, unconventional methods do exist such as the ppron method so we are opened minded to hearing if your solicitor has some angle to get around the definition. So please do share and not be selfish and keep such an amazing approach to yourself.
Lol..no worries. Lets kill that thing now. I am awaiting replies from the immigration lawyers, shall let you know what they have to saySYH wrote:Ok Ok, attack was too strong of a word, but you were miffed and that was clear, my only point is that it didn't make sense so he said perhaps a bit exasperated how did you come up with your cousin giving you settled status as it was indeed out of left field.