British Citizenship by birth "Descent VS non Descent "

[goodfaith]

Dear All,

here are two situations:

(1) A child born inside UK gets automatically BC if one parent has BC (or ILR). Also that child is allowed to pass on the BC to his own child etc.

(2) In a situation, where the same child is born abroad (from one parent (husband) who has BC) then the child is British but cant pass his BC to his own child.

In situation 2, assuming the parents live abroad, what can be done to make sure the mother (non-British) gives birth in Uk and then ensures that the child is British non-Descent. Can she for example just do it with a tourist visa? whats are the possibilities?

Many Thanks

[CR001]

Can she for example just do it with a tourist visa?

She could, if she can qualify for a visitor visa and pay the NHS bill at 150% of cost, roughly £3000 for a birth (without complications).

whats are the possibilities?

If the mother is a spouse, why not apply for a spouse visa?

A British citizen by descent (child born abroad to BC parent) can pass on his citizenship IF his children are born in UK.

[goodfaith]

Thanks CR001 for the quick answer.

I thought that the spouse visa was only meant for long stays not for short stays (i.e., short stays for births for example).

Are you suggesting that spouse visa is a possibility to the get the spouse to give birth in UK...

[CR001]

It could be if they meet the requirements for the spouse visa.

[goodfaith]

Thank you

[secret.simon]

Also, in addition to the scenario outlined by CR001 above, the children of a British citizen by descent are entitled (i.e. cannot be refused) to be registered as British citizens (provided they are minors at the time of application) if the British citizen by descent has resided in the UK for three continuous years at any point in time during his life. However, such children will also be British citizens by descent themselves and their children cannot be registered as British citizens.

Alternatively, if the British citizen by descent lives in the UK with his children for three continuous years (they and the other parent will have to enter the UK on a dependent visa or under EU law, if applicable), then the children are also entitled to register as British citizens (while they are minors) and in this case, they will be British citizens otherwise than by descent.

See Sections 3(2) and 3(5) of the British Nationality Act 1981.

[Richard W]

It could be if they meet the requirements for the spouse visa.

One of which, since 2012, is that the couple intend to live in the UK permanently:

The applicant and partner must intend to live together permanently in the UK.

The only relevant dependent category possibly open is Surinder Singh under the EEA regulations - and that is not likely to be around for much longer.

[goodfaith]

Surinder Singh Category? never heard of it...

If I understand well, the spouse visa is not interesting for a couple (i.e., BC husband and non-BC wife) living abroad and intending to have a kid in the UK so that it is a BC otherwise than by descent.

The only option left is come under tourist visa, stick around till due date, walk in to NHS and pay the extortionate fee? am i understanding this correctly?

[CR001]

The only option left is come under tourist visa, stick around till due date, walk in to NHS and pay the extortionate fee? am i understanding this correctly?

Yes and then pray there are not birthing complications.

[Richard W]

Surinder Singh Category? never heard of it...

Basically, if you have been living in another EEA country of which you were not a citizen in accordance with the Citizens' Directive 2004/38/EC, you could move to the UK with your wife (using her EEA residence card as a visa) and, so long as you promptly became a worker, or student or self-sufficient (but the last two require Comprehensive sickness Insurance for the non-British members of the family), you could then live in the UK just as easily as you lived in the EEA country. The only issues are that I think there may be no general NHS cover for the first three months (check situation on EHICs) and that it would affect your wife's right to permanent residence (and yours, which may now matter) in your normal country of residence if you spent too long in the UK.