Baby on Work Permit

No being born in the UK does not automatically confer British citizenship. If neither parent is British, the child won't be a British citzen for example.  Britian is not the only country to have this kind of law in place.  If the mother is not British and not married to the British father, see above, Victoria has explained the situation. 

Actually, if the child is born in the UK whilst either parent has ILR then it will also be British.

Victoria

But she's not on an ILR, she's on a WP.

Hey, playing devil's advocate-

What if an American woman who doesn't have ILR gives birth in the UK and the baby's father *does* have ILR- but they're not married?  Is the child British then?

That's what this thread was all about. The answer is yes, the law says they do, although the pratice has been different in the past.

That's what I figured- I was just wondering whether there was a difference between a father who was British (as in the OP's situation) and a non-Brit father with ILR in this situation.

Bizarrely, the rules for British nationality from a non-UK national father with ILR are clearer, in that there is no suggestion that the parents must be married.

Britwife - I realise that this is not the case, but I just wanted to clarify after your comment "If neither parent is British, the child won't be a British citzen for example".


Victoria

Yeah I probably should have said inter alia instead of 'for example. ' 

It is bizarre but probably stems from days of yore when the British government only cared about the affairs of its own nationals and not whether people from overseas were having children in or out of wedlock.  At least now nationailty passes through either parent, at one time it was only the father.

Quite possibly.

I never know whether or not I'm being too picky when I take people up on this tiny little points...I hope I don't offend or come across as patronising or a know-all, I certainly don't mean to.

Victoria

Likewise 

Thank you for the help, Victoria...

I sent an email to the home office outlining that we were seeking secretrary of state permission for our situation. They sent us the MN1 form and told us to list "illegitimate child of a British citizen father". We are meeting with the citizenship officer in Hatfield on Wednesday (who for a fee of £20 will review the paperwork, send it to the home office & review our documentation so that we do not need to send off our passports!)

I will keep you updated (if you are interested!)

As far as the new law, the Nationality, Immigration and Asylum Act of 2002 section 9, regarding illegitimacy, it has not yet gone into practice... so this MN1 option (and secretary of state permission) is the only one currently available for us...

Always interested!

Good luck.

Victoria

Victoria - you are a saint!

British citizenship for my daughter was approved! (I think in record time, too!)

Many thanks, again for your help!

Cool!



Victoria

That is great news Daphne, congrats to you!