Baby on Work Permit

it looks like someone has had some experience with having babies in the UK!

I am an unmarried american in the Uk on a work permit - which expires in 2008. My partner (British) and I had a baby here in the UK last month. The trouble is we thought that since the baby's father was British - the baby could be dual. However I am just learning this is not the case and that the baby can only be american. we have an appointment with the american embassy in march to get her passport, etc...

Does anyone know of the best way to keep my daughter here with me? Would it be to have her listed as the work permit dependent? or is there another route I can take as far as getting her British citizenship?

I am planning a trip back to the US in April... and want to make sure that she can come back in the UK as this is our home!

Thanks in advance for any advice anyone is willing to offier....,

Section 1(1) British Nationality Act 1981

a person born in the United Kingdom on or after 1 January 1983 is a British citizen at birth if, at the time of the birth:

    * either parent is a British citizen; or


    * either parent is settled in the United Kingdom

Who told you your baby is not a British citizen and why?

The laws in this area are a bit complex as technically the automatic right to pass on nationality from a British father when the parents are not married has not yet been rolled out...but in practice, yes, your child will certainly be given British nationality if you apply.


Victoria

That's what we originally thought... imagine our shock when we recently found out otherwise!

The parents must be married to each other. I confirmed this with the Home office.



The home office website states:http://www.ind.homeoffice.gov.uk/ind/en/home/applying/british_nationality/advice_about_nationality/bn1_-_british_citizenship.html?

The child will be a British citizen if one of his or her parents (see Note 4) is a British citizen at the time of the birth. It does not matter how the parent concerned became a British citizen. If neither parent is a British citizen, the child will still be a British citizen if one of his or her parents is settled here (see Note 5) at the time of the birth.

Note 4:
Only a legitimate child (born to parents who are married to each other) can get British citizenship from the father. However, if the parents are not married when the child is born in the United Kingdom, but then get married, and the marriage legitimates the child then if the father was a British citizen (or settled) when the child was born, the child would become a British citizen and would be regarded as having been one from birth.

As for the second point, I am not considered settled as I am here on a work permit with limited leave to remain.

I hope I am missing something... we are a bit unhappy with this scenario as we had wanted the baby to be dual....

But if you get married, it legitimizes your baby and she then has the right to citizenship.

If I read it correctly, if you get married, you baby will get British citizenship as your partner is a British citizen.  If you don't get married, then it seems your baby will need a visa.

...and to reiterate....in theory this is the case, but in practice if you apply for British citizenship for your child, it WILL be approved.  The law states that, in cases where the parents are not married, the Secretary of State can excercise his discretion and allow the citizenship to be passed on, and I have never heard of a case where this has not been permitted.


Victoria

Thank you for this Victoria! I did not see your prior comments before replying last time..

Do you have any advice or are there any special procedures for getting this done?

Richard and I weren't married when Nicholas was born. I can verify that citizenship is carried over from the mother if the couple aren't married.  If you do get married you'll have to get your baby's birth certificate amended. Your baby will then be considered a British citizen.

Methinks the Home Office are trying to hide stuff...I can find nothing on this on their site, but this might be a start in working out how to register your child.

http://bhc.britaus.net/passports/passportsdefault.asp?id=376

Victoria

I think your original idea was good - get your child listed as your work permit dependent.  Then regardless of what happens with her British citizenship, she will be allowed to stay in the UK and travel to and from with you.  That link posted by VictoriaS also states that it takes 6-12 months to process the application...so I think work permit dependent is your best bet.

That is only the length of time it takes through the British Embassy in Australia.  You can call the Home Office in Liverpool to see how long it would take here.  The length of time is only going to be a problem if you want to travel.

Victoria

That is exactly the issue. We need to travel in April. We are going to apply for her passport/register her birth at the US embassy in London in March. I was hoping to have her travel on that for the timebeing. The British Embassy in New York told me that we could apply for her work permit dependent there (whilst travelling).

I wan't sure if this action would cause an issue when trying to apply for the baby's British citizenship using Victoria's proposed method... anyone have any ideas??

No, that would be fine.  There is no problem in her having an outstanding application for british Nationality while she is here as a US citizen with a visa as your dependent.

Victoria

So it does not matter that the child was born in the UK?  I don't get it...if the child was born in the UK doesn't that automatically make them British (even if the mother is not and the parents aren't married?)

Am I wrong to think this is weird?