What will be Tier4 dependent child citizenship born in UK

[mun_oct2009]

Hi there. I am a Tier4(student) dependent from India, living in UK now. I am expecting baby. I have discussed about my child citizenship with friends and relatives. The facts i have got is detailed below, if i get some help to clarify my knowledge that i have gathered so far will be a great help.

1. As i am Indian citizen, my child born in uk will be indian citizen.

2. My child can claim British citizenship at the age of 18.

3. Childs birth needs to be registered.

But if all these are correct, i don't know the process for registration and what form and documents required. And at 18 what is the claiming process. It will be very kind to get detailed response. I appreciate your time. Thank you.

[vinny]

1. Registration required.
2.Can I register a child aged under 18 as a British citizen?
3. See also (Indian) Passports for children born in the UK.

[joh118]

Hi there. I am a Tier4(student) dependent from India, living in UK now. I am expecting baby. I have discussed about my child citizenship with friends and relatives. The facts i have got is detailed below, if i get some help to clarify my knowledge that i have gathered so far will be a great help.

1. As i am Indian citizen, my child born in uk will be indian citizen.

2. My child can claim British citizenship at the age of 18.

3. Childs birth needs to be registered.

But if all these are correct, i don't know the process for registration and what form and documents required. And at 18 what is the claiming process. It will be very kind to get detailed response. I appreciate your time. Thank you.

yes, your Child will be an Indian National at birth in the UK.
If at any point after the baby is born, either the father or the mother gets Indefinite leave to remain, then the child can register as a British Citizen.
If the child resides in the UK until the age of 10 (doesnt matter whether he/she/parents have a visa or not).
the 18 year old age you are thinking of is only a requirement if he or she is NATURALISING as a biritish citizen.

[mun_oct2009]

Thanks for the quick reply. But i think i did not make it clear that we will be leaving UK after few months of my baby is born in UK. The knowledge that i have gathered so far, if it is right or wrong i don't know. I am writing it here. That is -" After my baby is born, i need to apply to home office to register the baby. And My baby can apply for British citizenship at 18 from back in India". Please clarify my understanding, it will be very kind of you. Thanks.

[geriatrix]

That is -" After my baby is born, i need to apply to home office to register the baby. And My baby can apply for British citizenship at 18 from back in India".

No, that information is not correct.

[Greenie]

Yes you need to register your child's birth in the UK as this is a legal requirement but no your child will not be entitled to British citizenship when he is 18 purely because he was born in the UK.

[geriatrix]

See also Children born in the United Kingdom
Registration of birth in the UK needs to be done with register office (in some cases, it may be possible to register birth at the hospital), not with UKBA / Home Office.

[mun_oct2009]

So far i realise my knowledge is not correct. But i have this statement from UKBA website. Can i have some comments on this please. As it says parents who are not settled and British citizen can still apply. As stated below -

" Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens
Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen."

Can it be applicable in my case. Thanks for the effort.

[Greenie]

If you leave the UK shortly after your child's birth and then your child spends the rest of his formative years in India then no.

[nax_72]

So far i realise my knowledge is not correct. But i have this statement from UKBA website. Can i have some comments on this please. As it says parents who are not settled and British citizen can still apply. As stated below -

" Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens
Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen."

Can it be applicable in my case. Thanks for the effort.

The main evidence you would be showing is that the child living in the UK and made UK as his/her country. After birth if the child leave the UK then you do not have any evidence to prove why the child has to be registered as a British citizen. One cannot claim citizenship based on their birth place is in the UK.

[mun_oct2009]

Thanks everyone. Now i am seeing some light at the end of the tunnel. If i can show evidence that the baby is living in uk then the baby is eligible for Registration as a British Citizen under Section 3(1) applications. I need to know what kind of evidence i can produce that the baby is living in uk. If i need to live here for a while to do paperwork, i am willing to do that. I need to know the required documents and which application form to use. How long will it take to prepare the documents and get the whole process done after the baby is born. Actually it will be great help to have the details about the process. Thanks a lot.

[Greenie]

It's not simply a case of hanging around for a while to do paperwork, your child will not be registered as a british citizen unless you can show that the child has strong ties with the UK and his/her future is in the UK. Although the discretion is very wide they will not simply register a child who happened to have been born in the UK whilst his/her mother was here on a temporary visa, and who is intending on returning to her home country in the near future with the child.

If you want further information, see the nationality caseworking instructions particularly from 9.17

In particular see 9.17.11

"It will rarely be right to register a child neither of whose parents is or is about to become a British citizen."

[joh118]

Thanks everyone. Now i am seeing some light at the end of the tunnel. If i can show evidence that the baby is living in uk then the baby is eligible for Registration as a British Citizen under Section 3(1) applications. I need to know what kind of evidence i can produce that the baby is living in uk. If i need to live here for a while to do paperwork, i am willing to do that. I need to know the required documents and which application form to use. How long will it take to prepare the documents and get the whole process done after the baby is born. Actually it will be great help to have the details about the process. Thanks a lot.

the whole process is completely discretionary. The Home Office can just say 'no' and be completely legal. I would imagine the secretary of state will only exercise discretion when (for example) the child was born in UK, has always been living in UK since birth and is living a "settled' life here, ie. goes to school here, has his/her life solely based in the UK and it would be damaging to the child if he/she was removed from the UK.
of course, the child will gain the right to register as a citizen if he/she has lived in UK since birth until 10 years old.

You plan to move away from the UK very soon. The moment you do that, you will completely lose any chances of getting the child registered by Home office using discretion. This is because the baby is still very young, he/she hasn't formed any means of a life in the UK. the baby has not formed the link with the UK other than being born here.