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Child born abroad - Father UK citizen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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suresh505
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Child born abroad - Father UK citizen

Post by suresh505 » Tue Feb 21, 2017 12:10 pm

I'm a UK citizen and my wife holds ILR.
If our baby is born outside UK, I understand that the baby can apply for UK citizen by descent.

However, I would like my child to apply under "otherwise than by descent" category.
Can someone please let me know the procedure for this?

MrSlyFox
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Re: Child born abroad - Father UK citizen

Post by MrSlyFox » Tue Feb 21, 2017 12:38 pm

If you a British Citizen otherwise than by descent (I.e. birth or naturalization in the UK) any children of yours born outside the UK will be British by descent automatically no need to register just apply for their British Passport. There is no "upgrade" from British by descent to British otherwise than by descent. So if you have your child outside the UK they will always remain British by Descent.

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CR001
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Re: Child born abroad - Father UK citizen

Post by CR001 » Tue Feb 21, 2017 12:56 pm

Then have your child born in the UK for them to have the 'otherwise than descent'. Apply for fast track passport after birth then wife can go to home country if she wishes.
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suresh505
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Re: Child born abroad - Father UK citizen

Post by suresh505 » Tue Feb 21, 2017 1:08 pm

Thanks for the reply folks. So, it appears that the child has to be born in UK if we want the child to be a British citizen otherwise than by descent.
I was hoping that the child can enter UK with a temporary VISA and later apply for citizenship along with her mom.

secret.simon
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Re: Child born abroad - Father UK citizen

Post by secret.simon » Tue Feb 21, 2017 1:14 pm

If you are a British citizen on the day the child is born, the child is automatically a British citizen by descent.

British citizens cannot be issued a visa to enter the UK as they already have Right Of Abode in the UK.

On a point of interest, why are you so particular about wanting your child be in the "otherwise than by descent" category?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

suresh505
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Re: Child born abroad - Father UK citizen

Post by suresh505 » Tue Feb 21, 2017 1:51 pm

Thanks for the reply. You are asking a valid question.

As per this document https://www.gov.uk/government/uploads/s ... pter20.pdf

British citizens by descent cannot transmit their citizenship to children born
abroad except in the circumstances described in Chapter 4. British citizens
otherwise than by descent automatically transmit their citizenship to children
born abroad.


My concern is as follows: If my child becomes a British citizen by descent and goes on to have a child (my grandchild) abroad, what country would my grandchild belong to?

I do not want my grandchild to curse me for that :mrgreen:

suresh505
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Re: Child born abroad - Father UK citizen

Post by suresh505 » Tue Feb 21, 2017 1:53 pm

If anyone knows the link for chapter 4 mentioned below, please add it here. Many thanks.

https://www.gov.uk/government/uploads/s ... pter20.pdf

British citizens by descent cannot transmit their citizenship to children born
abroad except in the circumstances described in Chapter 4. British citizens
otherwise than by descent automatically transmit their citizenship to children
born abroad.
Last edited by suresh505 on Tue Feb 21, 2017 1:53 pm, edited 1 time in total.

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CR001
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Re: Child born abroad - Father UK citizen

Post by CR001 » Tue Feb 21, 2017 1:53 pm

The grandchild will be a national of whichever country born in, but things like this differ per country.

If your child lives in UK for x amount of years, there are other options to register children born abroad, but that just becomes a whole lot of technical info for a hypothetical question and possible scenario that MIGHT occur.

Easiest then is to have child born in the UK.
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suresh505
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Re: Child born abroad - Father UK citizen

Post by suresh505 » Tue Feb 21, 2017 2:02 pm

Thanks CR001, appreciate your suggestion.

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