British citizenship for child born outside UK and one parent holding ILR.

[myilr83]

Dear Team.

I am seeking guidance to see if my child could apply for British citizenship.

I hold an Indian Passport and ILR via GTV route. My spouse and child are on GTV-dependent visas expiring July 2022. The child was born in the USA, holding US Passport. We all have lived in the UK for 3.5 Years.

Please advise if I could apply for British Citizenship for my Child (age 7) now, thus not extending the visa in July.

Thank you.

[CR001]

Please advise if I could apply for British Citizenship for my Child (age 7) now,

No you cannot. The child will following the same visa and ilr route as your spouse. A child born abroad has no entitlement to register as British once a parent gets ilr. The child will follow the same visa and ILR path as your spouse. Once the child has ilr, they can apply for citizenship if a parent also applies or has citizenship and the other parent holds ILR.

Thus not extending the visa in July.

This is the only option you have for the child. The child applies for an extension with your spouse. It will be a 3 year extsnsion for both of them.

[myilr83]

Thanks, much CR001 for the advice.

[secret.simon]

For children born outside the UK to register as British citizens, it is expected that at least one parent either is a British citizen or is applying to become a British citizen AND both the child and the other parent hold ILR.

There may also be good character and residence expectations depending on the age of the child.

EDIT: Overtaken by CR001

[myilr83]

Thanks Simon.

Good information, then my understanding was wrong that child under 12 could apply for British passport if one parent is British citizen (irrespective of settled status of other parent and child). Thanks for giving clarity.

[secret.simon]

A child born in the UK can register as a British citizen when either one parent acquires settled status/ILR OR after completing 10 years of living in the UK (with limited absences), regardless of the status of the parents. But that is specifically for children born in the UK.

Children born outside the UK have different requirements/expectations.

[myilr83]

Thanks much Simon. Great info.