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Child born outside UK, when father is on ILR then naturalisation while mother has no visa/british

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etang18
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Posts: 1
Joined: Sat May 18, 2019 10:07 pm
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Child born outside UK, when father is on ILR then naturalisation while mother has no visa/british

Post by etang18 » Sat May 18, 2019 10:31 pm

Hi all,

I have recently been naturalised on 8th May, and previously on ILR for 1 year from Tier 2 5 years route.
Yet my wife currently has no visa nor British and gave birth to our first child on Feb 2019.
Both of them are currently in China.

Since I am now a British Citizen, can I apply to register my child as a British? (Preferably)
Or he could only apply for visa as he was born when I am in ILR status?

Please advise

Thanks again for your time and help.

rj68
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Posts: 21
Joined: Sat May 04, 2019 8:39 am
United Kingdom

Re: Child born outside UK, when father is on ILR then naturalisation while mother has no visa/british

Post by rj68 » Sat May 18, 2019 10:50 pm

Hi,

From the Gov website.

I don't think your child can get it automatically because you naturalised after the birth.

https://www.gov.uk/apply-citizenship-br ... -july-2006

You’re automatically a British citizen if you were born outside the UK and all of the following apply:

you were born on or after 1 July 2006
your mother or father was a British citizen when you were born
your British parent could pass on their citizenship to you
Your British parent could pass on their citizenship to you if they were one of the following:

born or adopted in the UK
given citizenship after applying for it in their own right (not based on having a British parent)
working as a Crown servant when you were born (for example in the diplomatic service, overseas civil service or armed forces)

My son was born in Malaysia, so I've been through the works with this complicated process.

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CR001
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Re: Child born outside UK, when father is on ILR then naturalisation while mother has no visa/british

Post by CR001 » Sun May 19, 2019 10:36 am

Since I am now a British Citizen, can I apply to register my child as a British? (Preferably)
No.
Or he could only apply for visa as he was born when I am in ILR status?
Child will follow the same visa process as your spouse.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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