Baby leaving UK for first time

[Gears123]

This isn't exactly an immigration problem but I'm not sure where else to ask. My baby daughter is leaving the UK for the first time (she was born here), can she leave on a foreign passport? She is a British citizen by descent of me the father but I'd rather not get a UK passport yet as she doesn't need it (we're not coming back for awhile). She can get a foreign passport through her mother. So I was just wondering if it's required to get a UK passport to leave? Thanks for any help

[JAJ]

This isn't exactly an immigration problem but I'm not sure where else to ask. My baby daughter is leaving the UK for the first time (she was born here), can she leave on a foreign passport? She is a British citizen by descent of me the father but I'd rather not get a UK passport yet as she doesn't need it (we're not coming back for awhile). She can get a foreign passport through her mother. So I was just wondering if it's required to get a UK passport to leave? Thanks for any help

If she was born in the UK with a British father then she's British otherwise than by descent.

Are you married to her mother? If not, and she was born before 1 July 2006, then she may not be British and may require registration before age 18.

There is no specific requirement to get a British passport for her to leave if she has a foreign passport, but be careful. It would be a lot simpler to get her first passport in the UK rather than deal with a British diplomatic mission overseas.

It's strongly advisable to document her British citizenship now by obtaining a passport. There would be less of a need to renew it later on if you don't want to.

[John]

Just to add to what JAJ has posted, if your child does not have a British passport there might well be the need to get a visa to return to the UK.

Far simpler to get a British passport prior to the child leaving the UK.

[Gears123]

Thanks for the informative replies. Yeah she's definitely a British citizen as I'm married to her mother. I guess it's best to get it here now rather than later.

[GregoChris]

Hi,

My baby is due next week and we need to go to France (both parents are french) urgently. What document do we need to leave uk with the baby ?

Thanks
Gregory

[John]

I think you should pose this question to the French Embassy in London. Leaving the UK might not be a problem, but entering France? The question is, how quickly can the child get a French passport, or ID card?

Unless by "What document do we need to leave uk with the baby ?", you mean the baby still in situ .... in mother? Obviously not a problem you taking the tunnel or ferry to France, and then delivering there.

[GregoChris]

Thans John, will do. In the meantime what I forgot to say is that we are living in this country, and we will have to come back to UK with the baby at some point during summer. The real question was actually "what do we need to leave the country.. and to be able to enter in later" ... ?!

[John]

As both parents are French, no doubt the baby will also be French, and accordingly the child needs to have a French passport or ID card. Armed with that the child can travel within the EEA with no problem, to accompany the parents who are exercising EU/EEA Treaty Rights.

But GregoChris, how long have you or your spouse been living in the UK and exercising Treaty Rights here, for example, by being employed? If at least 5 years then the child, born in the UK, will be a British citizen from the moment of birth, and accordingly you could obtain a British passport for the child, and use that to travel to France, and back to the UK, or to wherever.

The starting point in all this seems to be the birth certificate. Under UK law you have a legal duty to register the birth (in the UK) at the local Register Office. Until you do that you will have no ability to progress any other matter ... getting passport or French ID card.

[Directive/2004/38/EC]

My baby is due next week and we need to go to France (both parents are french) urgently. What document do we need to leave uk with the baby ?

You will need to get a birth certificate after the birth through the council where the baby was born. This can be quick or can take up to a month. If it will take a long time to get an appointment, you can try to get an appointment in an neighbouring council who will then send the details to the council where the baby was born (this process may or may not get you a birth certificate earlier). One way or another, I would not plan on having the birth certificate for 14 days after the birth.

Depending on how the birth goes, you might also find it is nice not to travel for two or three weeks after the birth.

Have either of the parents been living in the UK for more than 5 years? If so then the baby may be an British citizen.

I suspect that you should be able to travel without a passport. Directive 2004/38/EC requires the authorities not to turn back a citizen of an EU member state or their family members (baby will be both) so long as they can show that they have the family relationship or citizenship (and the birth certificate will show at least the family relationship directly and the french citizenship indirectly). Easier will be to apply for a passport, but that will take another 2-3 weeks after the birth certificate is available.

The other option is to travel now, before the baby is born. No paper work is required. But the baby would then not have (an easy path to) UK citizenship (if so desired).

[JAJ]

I suspect that you should be able to travel without a passport. Directive 2004/38/EC requires the authorities not to turn back a citizen of an EU member state or their family members (baby will be both) so long as they can show that they have the family relationship or citizenship (and the birth certificate will show at least the family relationship directly and the french citizenship indirectly).

A commercial carrier will most likely refuse boarding so you will never get to make this argument at Immigration.

[Directive/2004/38/EC]

A commercial carrier will most likely refuse boarding so you will never get to make this argument at Immigration.

That is likely true if they fly. But Eurostar clearance is done by the national government in advance of boarding. As far as I can tell (though the French never seem to be on duty in Dover), it is similar for ferries.