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Topic: Child born in US to British mother  (Read 606 times)

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Child born in US to British mother
« on: September 23, 2008, 08:41:32 PM »
My sister in law (British) lives in the US and became a US citizen about a month or so ago. She has a daughter who's a little over 2 years old. She hasn't registered her daughter as British yet. Now she's considering moving back to the UK. Should she register her now, or should she wait until she's in the UK? I get a bit confused on the British by descent/otherwise than by descent issue.
Thanks


Re: Child born in US to British mother
« Reply #1 on: September 23, 2008, 08:58:35 PM »
Was your SIL born in the UK?


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Re: Child born in US to British mother
« Reply #2 on: September 23, 2008, 09:06:22 PM »
Yes


Re: Child born in US to British mother
« Reply #3 on: September 23, 2008, 09:10:56 PM »
Then it should be as simple as applying for a UK passport.


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Re: Child born in US to British mother
« Reply #4 on: September 23, 2008, 09:24:58 PM »
Does she not need to register her before she can apply for the passport?

I think what she's trying to avoid is her daughter not being able to pass her citizenship on to any children if they're not born in the UK themselves.

Also, she mentioned registering her daughter after moving to the UK and then getting her a UK passport, but in that case wouldn't her daughter need a visa to enter the UK, as she (the daughter) wouldn't have any proof she was British? I can't see the IO letting her in on the visa waiver program, as she would actually be entering to settle with her mother.

 


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Re: Child born in US to British mother
« Reply #5 on: September 23, 2008, 09:32:46 PM »
She would need to enter on her UK passport or, if possible, apply for a visa from the embassy.

Applying for a visa would be more expensive and really makes no sense.


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Re: Child born in US to British mother
« Reply #6 on: September 23, 2008, 09:48:55 PM »
Ok, many thanks for the advice, I'll pass it on.


Re: Child born in US to British mother
« Reply #7 on: September 24, 2008, 07:19:08 AM »
The two year old would only not be allowed to pass her UK citizenship on if she herself had children outside the UK.  I know that it's been reccomended on this board to go through the registration thing but from what I can find out that is a huge costly hassle and has no real advantage unless you REALLY worry about the future generations of your offspring being British.  I myself, chose to let the future generations worry about themselves.
She really just needs to get a UK passport for the child.  Entering on her US passport would require a visa-again at considerable cost.


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Re: Child born in US to British mother
« Reply #8 on: September 24, 2008, 10:07:32 AM »
That's great Mindy, just the info I was looking for. There's a decent chance her daughter's children could be born outside the UK as the father is from Ecuador and in general they're a travelling kind of family. However, as you say that's something that should be left to that next generation to work out. And anyhow with the way the laws change it could be a moot point by then anyway!


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Re: Child born in US to British mother
« Reply #9 on: September 24, 2008, 02:14:38 PM »
Back again.... Can my SIL just submit a passport application for her daughter or is there something she needs to do first to confirm that her daughter is eligible? Reading the BIA website it seems that registration must come first. Or am I misunderstanding?


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Re: Child born in US to British mother
« Reply #10 on: September 24, 2008, 02:28:54 PM »
As the child is automatically British there is no need for registration.  She just makes the passport application.

Vicky


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Re: Child born in US to British mother
« Reply #11 on: September 24, 2008, 02:40:15 PM »
Thanks to all, I think it's clear now. Looking at the guidance notes for the application my SIL just needs to include her own birth certificate and that proves her daughter's eligibility.


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