UK Citizen (by descent) living abroad - what are my options?

[ado.machung]

I apologies if this is posted in the wrong forum, it seemed the most suitable.

This is my situation :
I'm a British Passport holder (by Descent) currently residing in Sri-Lanka.
My wife, a Sri-Lankan, is a few weeks pregnant.
The two of us have never, before or after marriage, lived in the UK.

We are extremely keen on our child obtaining a British Passport, and are looking for any sort of advice to help us.

My status as British by descent, doesn't allow me to pass on my nationality to my child.

If neccessary, we are open to travelling to the UK for the delivery, but in that case, what is the quickest visa that my wife could apply for ? And are there any other procedures ?

A settlement visa, in my knowledge, is out, since i'm not residing in the UK.

I would greatly appreciate any response.

Thanks,

Xian

[Wanderer]

Bear in mind I suspect you have to pay for the delivery too.

[ado.machung]

I'd have to pay for it, since I don't have NHS, but I'm hoping there's an alternative.

[ciaramc]

Ado,

Richard 66 was in a similar situation check out his posts use the search function and you will see what he did! I'm sure you have to apply for a visa for your wife from the nearest British consulate?

please read below -

Your husband, wife or civil partner may come with you to the United Kingdom, or join you here, if you are aged 21 or over and you:

currently live in the United Kingdom and are settled here; or
are returning to the United Kingdom with him/her to live here permanently.


it is from this website UKBA have a read of this -

http://www.ukba.homeoffice.gov.uk/ukres ... ilpartner/[/url]

[Directive/2004/38/EC]

ado.machung

How did you get your British citizenship? And how did your parent(s)?

[ado.machung]

From my mother, through Article 4c of the Nationality Act.
She was naturalised in the UK.

[Directive/2004/38/EC]

From my mother, through Article 4c of the Nationality Act. She was naturalised in the UK.

Your child, if born in the UK would be automatically British.

Alternatively, you can Register your Child as a British citizen as a British citizen if you do it within ONE YEAR of the child's birth. See http://en.wikipedia.org/wiki/British_na ... sh_citizen for an general sumary. I think they charge several hundred pounds to do this at the embassy, though I do not have time to check. I suggest you call the British high commission (consular section) and ask them.

[ado.machung]

Thanks for your reply.

WIKI says (for children born outside the UK) :

"Where the parent is a British citizen by descent additional requirements apply. In the most common scenario, the parent is normally expected to have lived in the UK for three years and apply for the child to be registered as a British citizen within 12 months of the birth."

I haven't lived in the UK at all
So i guess that's out.

The only option, in my limited knowledge, is to settle in the UK for 3 years, and for my wife to deliver while there.

The problem with this is, I don't have sufficient time to apply for a settlement visa.
It takes 2 - 3 months, and i don't think my wife should travel then.

If she delivers while on a tourist visa, would that effect the status of our child's citizenship ?

[Directive/2004/38/EC]

Sorry, you are right: Registration is only an option if you have lived previously in the UK for 3 years.

The only option, in my limited knowledge, is to settle in the UK for 3 years, and for my wife to deliver while there.
...
If she delivers while on a tourist visa, would that effect the status of our child's citizenship ?

If you are British and your child is born in the UK, the child with be British. The baby's citizenship will be "otherwise than by decent". No need for you to be resident in the UK, and in theory you do not even need to be present in the UK.

Immigration status of the (non-UK) mother is, as far as I know, not an issue in the citizenship of the child. That said, she would have to be in the UK.

[ado.machung]

I guess one issue is resolved. Thanks for your help.

I know this has nothing to do with this topic, but would you be able to forward a link regarding NHS.
I'm not entitled to it, but im wondering if there's a payment i can make to relevant departments, over a period of time, that may cover me.

[Directive/2004/38/EC]

Check the web sites of the NHS.

You are not covered for normal NHS treatment when you are just visiting the UK.

What I understand (but do not trust me on this) is....
If you plan to reside here for some (unspecified time) then you will be covered. Your baby would of course be covered if you were residing here, and it would have resided it's entire life in the UK. I do not know about your wife, though. I know they go out of their way in the UK to ensure that pregnant women get good health care and nutrition, because the consequences of not doing so are severe. I also know that people who are here illegally are not typically turned away from health care. There is always the option to pay if requested.

Do you have family in the UK?

[ado.machung]

I've searched the NHS website as well as other official ones, couldn't find anything to help me with.

I don't have any family in the UK anymore. Why, does that help in anyway ?

I'll pay if i have to. Its an investment for my future kid, but i hear it can cost from anywhere between 5,000 to 10,000 Sterling. Even if a small percentage could be covered by NHS, it would help.

[Directive/2004/38/EC]

http://www.dh.gov.uk/en/Healthcare/Enti ... /DH_074373

I do not know how much they actually charge if they do charge you.

Note that as a UK citizen, you and your family have the option and right to live in other European countries. You need to work or be self sufficient. Once you are working it is also easier to get your wife a visitors visa for the UK based on the European rules.