born to in Montserrat in 2010 to naturalized BOTC

[ck4137]

My brother is naturalized BOTC in Montserrat in 2008 and his daughter was born in Montserrat in 2010.I konw his daughter is BOTC autuomatically Can anybody know if the child will be a british citizen?Thanks!

[Backer]

See:
http://www.admin.gov.ms/Consular/BOTC_who_is.htm

There is no option mentioned to be a British citizen (Unless the father is British?) only BOTC.

The BOTC passport "looks" British but there is no right of abode in the UK and does not provide rights to settle in the EU

[ck4137]

I don't mean the adult but the child born in Montserrat to BOTC .

[frankfurt]

The child will be a British citizen if the child is born in a qualifying territory (see Note 3) on or after 21 May 2002 and one of the parents is a British citizen or settled (see Note 5) in the United Kingdom or that territory;

[frankfurt]

British Overseas Territories Act 2002
As of 21st May 2002, most people who currently hold a British Dependent
Territories Citizen (BDTC) passport will automatically become British Citizens
(BC).
This is the effect of the commencement of the British Citizenship provision of
the British Overseas Territories Act 2002, which has already re-named British Dependent Territories Citizenship as British Overseas Territories Citizenship
(BOTC). The Act provides that BDTCs, except those whose BDTC status
derives solely from their connection with sovereign base areas of Akrotiri and
Dhekelia in Cyprus, became British Citizens on the 21st May 2002. People
born in the Territories from that date will be both BCs and BOTCs from birth.

[eueueu]

Persons born in a British Overseas Territory after 21 May 2002 automatically acquire British citizenship (even if they do not acquire BOTC) so long as one parent is a British citizen, settled in the UK, or settled in an Overseas Territory (other than the Sovereign Base Areas).

[ck4137]

3. Is an illegitimate child entitled to British Citizenship?

If, on 20 May 2002, the child was a BOTC other than by connection with the SBAs, he or she automatically acquired British citizenship on 21 May 2002. However, the status of illegitimate children born on and after 21 May 2002 will depend on the status of the mother – as it does at present with BOTC. If she is not a British citizen, she will not be able to transmit the status to a child born outside the OTs or the UK. (But if she is settled in the OTs or the UK, any child born to her there (legitimate or not) will be a British citizen otherwise than by descent). If the father of an illegitimate child is a British citizen, and there is evidence of paternity –for example, the father’s name appears on the child’s birth certificate- it may be possible to register the child as a British citizen

[JAJ]

When your brother became naturalised BOTC in 2008 (ie, after 21 May 2002), he did not automatically become a British citizen. He only becomes a British citizen if he applies for it. As a BOTC, he is normally eligible to apply for British citizenship under section 4A of the British Nationality Act 1981.

Since it appears he did not get British citizenship before his daughter was born, then the child is not a British citizen. As the child is BOTC, child can also be registered as a British citizen, usually under the same provision.

Marital status of father is normally irrelevant for children born on or after 1 July 2006, as long as father is documented on birth certificate or through other official process.