Child born outside UK

[ftse100]

Hi All

I am a naturalised British Citizen got my nationality in 2012 but since then I had to leave UK due to some family circumstances. I got married there and had a baby too before returning back to UK, and I now wish to apply for my Mrs settlement Visa soon.

I have read on some occasions that if a child is born outside the UK to a parent who has not been in UK three years prior to the birth of child, child's birth cannot get registered at the High Commission rather I will have to apply for the visa for both my Mrs and my child as my dependent meeting financial requirement of 22,400. Can someone confirm this provision please.


I would really appreciate feedback on that.

Regards

[CR001]

If your child was born AFTER you became British through naturalisation then your child is automatically British by Descent and can apply for a British Passport directly.

[ftse100]

Thanks Char for the reply.
Yes, I got naturalised before my child's birth.

Can you please help what It says in Section 3 (5) because I'm really confused.


Section 3 (5).
To qualify under this section the child and their mother and father should have lived in the UK (or British overseas territory (see page if born after 21 May 2002) for a three year period ending with the date the application is received. And the child and their parents should be physically present in the UK or a British overseas territory at the start of that period.
The child and their parents should not have been absent from the UK (or the British overseas territories if appropriate) for more than 270 days during the 3 year residential period. There is no discretion to disregard absences greater than 270 days.
If the parents’ marriage or civil partnership has ended or they are legally separated then only the child and one parent has to satisfy the residence requirement.
Both parents must consent to the child being registered as a British citizen. If one of the parents has died then only the consent of the surviving parent is required.
A child registered under this section will be a British citizen otherwise than by descent.

Regards

[CR001]

It is not relevant to your circumstances. The child is automatically British as he was born AFTER you naturalised. You can apply for child passport directly. There is no need to first register him as British.

Section 3(5) is relevant to British Citizens by descent. You are British Otherwise than Descent so it is not applicable to you as you can automatically pass on your citizenship to your children.

[ftse100]

Excellent.

Thanks once again. Great help!!


Regards