Immigration for dependents born outside the UK

[teba18]

I'm married to a Brazilian and currently living in Brazil where I can stay indefinitely ( we had a civil wedding in the UK before we came) I work for a multinational company but got the job over here - ie wasn't moved by them.
If we have children here and then at some point decide we'd like to move back to the UK, would the fact that the children were born in Brazil cause any problems with regard to immigration?
(I met my wife when she was studying in the UK so she's fluent in English and has already worked in the UK on a student visa)

[geriatrix]

Are you British? If not, the child will not be British so irrelevant where the child is born. The child will need a visa to travel to UK.

regards

[teba18]

Yes, I'm completely British. Does that mean our children would have dual nationality?

[geriatrix]

If you are British otherwise than by descent (e.g. born in the UK or naturalised), then child will be British under section 2(1)(a). If child is British, then child may apply for a British passport.

Whether the child can simultaneously hold Brazilian citizenship is dependent on Brazilian law(s).

regards

[geriatrix]

See also How to register the birth of a British national in Brazil – if you are resident in Brazil


regards

[teba18]

Thanks - although I'm surprised that if my wife is Brazilian and our children are born in Brazil, they are automatically regarded as British. Is that really the case?

[geriatrix]

Section 2(1)(a) of the British Nationality Act (linked above) states so. And I have no reason to doubt the law!


regards

[teba18]

Thanks - it looks like we can stop worrying about this one!

[avjones]

Thanks - although I'm surprised that if my wife is Brazilian and our children are born in Brazil, they are automatically regarded as British. Is that really the case?

Yes. But only automatically for one generation. So your Brazillian-born children will be "British by descent". If they stay in Brazil, and marry local nationals themselves, their children will not automatically be British citizens.

My dearly beloved was born in Israel, his father was a British-born UK national, his mother was Israeli. He is British by descent.

Our son was born in the UK, and so he is British otherwise than by descent. Had my other half stayed in Israel and married an Israeli, that wouldn't be the case.

[teba18]

Yes that makes sense. Thanks for explaining it so clearly.

[cintiabailey]

Hi there,

It's great to know there are people here willing to help.

I am a resident in the UK and married to a UK citizen. I am originally from Brazil and I am flying there in a few months to have our first child as I want to be with my family and friends when it happens.

How easy is the process of getting both passports for the child? I intend to spend around 40 days after the baby is born to sort out those things and wouldn't want to stay any longer as my husband's family also need to see the baby.

Is it an expensive process? Anyone have done the same?

If our child lives in the UK, how many years living here determines if her children will be able to get british citizenship?

Many thanks for your help.

Cintia

[avjones]

If our child lives in the UK, how many years living here determines if her children will be able to get british citizenship?

Many thanks for your help.

Cintia

If your child lived every day in the UK from the moment she returned with you from Brazil as a baby, and gave birth at the age of 40 outside the UK, her children would not automatically be British via her (they could be if her husband was a British Citizen otherwise than by descent).

It's not length of time living here that matters. Your daughter will be a British Citizen by descent. That means that her children must be born in the UK to be British, unless she's in the Armed Forces or similar.

[cintiabailey]

Makes perfect sense. Many thanks.