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Topic: Birth in UK qualifying for citizenship?  (Read 790 times)

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Birth in UK qualifying for citizenship?
« on: May 11, 2015, 11:33:17 AM »
Hi, I was wondering about exactly what qualifies as "settled" for me and whether it gives my new baby automatic citizenship.
I've been here 5+ yrs on a Tier 2 and have a date for my ILR this week. However the baby was born a few weeks ago. Am I settled for her purposes already so that she qualifies for citizenship automatically or will I have to have her apply after my ILR (which is a pain and also expensive)?
thanks
moosey


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Re: Birth in UK qualifying for citizenship?
« Reply #1 on: May 11, 2015, 11:48:14 AM »
You need to have ILR (or UK citizenship) for your baby to have automatic UK citizenship through you.  What is the nationality/immigration status of the other parent?  (I'm guessing T2 dependent...?) 

Plugging in the information into the checking calculator:

https://www.gov.uk/check-british-citizen

Quote
Check if you're a British citizen

You may automatically qualify as a British citizen, depending on where and when you were born, and your parents’ circumstances. Check if you’re already a British citizen.

Question 1:  When were you born?

Answer:  On or after 1 January 1983

Question 2:  Were you born in the UK or a qualifying territory?  The qualifying territories are all the British overseas territories, except the sovereign base areas of Akrotiri and Dhekelia (in Cyprus).

Answer:  Yes

Question 3:  When you were born, was one of your parents a British citizen or legally settled in the UK?  "Legally settled" means they had the right to live permanently in the UK (also known as "indefinite leave to remain").

Answer:  No

Question 4:  Has one or both of your parents become a British citizen or legally settled in the UK since you were born?  "Legally settled" means they have the right to live permanently in the UK (also known as "indefinite leave to remain").

Answer:  Yes [as you will be applying shortly, and assuming it's a successful application]

Result:  You're not a British citizen.  You may be able to register as a British citizen if you're under 18 and meet certain conditions.

(and gives a link to:  https://www.gov.uk/register-british-citizen)


« Last Edit: May 11, 2015, 11:50:03 AM by Aquila »


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Re: Birth in UK qualifying for citizenship?
« Reply #2 on: May 11, 2015, 01:37:59 PM »
What's the immigration status of the other parent?
Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
Returned to UK July 2011 (Spousal Visa/KOL endorsement)
ILR - September 2011
Application for naturalization submitted July 2014
Approval received 15-10-14; ceremony scheduled for 10 November!
Passport arrived 25 November 2014. Finally done!


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Re: Birth in UK qualifying for citizenship?
« Reply #3 on: May 11, 2015, 03:05:04 PM »
other parent is EU national but not resident here for 5 yrs.


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Re: Birth in UK qualifying for citizenship?
« Reply #4 on: May 12, 2015, 08:19:46 PM »
Hi, I was wondering about exactly what qualifies as "settled" for me and whether it gives my new baby automatic citizenship.
I've been here 5+ yrs on a Tier 2 and have a date for my ILR this week. However the baby was born a few weeks ago. Am I settled for her purposes already so that she qualifies for citizenship automatically or will I have to have her apply after my ILR (which is a pain and also expensive)?
thanks
moosey

You need to register your child as a British citizen using form MN1

Section 1 (3) A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when their parents become settled in the UK or become British citizens.

This can be done at any time even after the child becomes an adult, whereas some types of registration can only be done before the child becomes an adult


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Re: Birth in UK qualifying for citizenship?
« Reply #5 on: May 14, 2015, 06:13:23 PM »
So i've come back from my ILR application day at the home office (successful btw) and this is what i "learned" from a casual/unofficial chat with one of the case officers there:
She said that as long as I now had ILR and my child hadnt left the country, I could apply for a passport for her without needing to do an MN1 application or pay the 700+ fee. I have no idea if this is really the case.
Given that one of the other case officers there seemed to have no idea about the rules their own sub-contracted courier service used for signing for the biometric card delivery, I am not overly confident in the quality of the advice...


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Re: Birth in UK qualifying for citizenship?
« Reply #6 on: May 16, 2015, 03:10:48 AM »
That appears to be incorrect advice.

As child was born in the UK before a parent was settled, there is no automatic claim to British citizenship. However, child is now entitled to register under Section 1(3).
« Last Edit: May 16, 2015, 03:24:40 AM by vinny »
We do not inherit the Earth from our ancestors; we borrow it from our children.


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Re: Birth in UK qualifying for citizenship?
« Reply #7 on: May 16, 2015, 03:16:11 AM »
This can be done at any time even after the child becomes an adult, whereas some types of registration can only be done before the child becomes an adult

Registration under Section 1(3) cannot be done, if the applicant is an adult.
We do not inherit the Earth from our ancestors; we borrow it from our children.


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Re: Birth in UK qualifying for citizenship?
« Reply #8 on: May 16, 2015, 12:33:51 PM »
At our in-person appointment for ILR we asked the case officer a few questions about citizenship. We were pretty certain we knew the answers but wanted confirmation. The answers he gave us were blatantly wrong. He admitted he wasn't sure but still gave us answers that were easily proven wrong on the official website.

I would take what they say with a grain of salt. If it's backed up on the official website, great, but citizenship applications aren't something they handle yet they seem to still give out bad advice (probably just guesses) if you ask them.

That said, they are very friendly and helpful with questions about FLR and ILR at in-person appointments. ;)
July 2012 - Fiancée Visa | Nov 2012 - Married
Dec 2012 - FLR | Nov 2014 - ILR | Dec 2015 - UK Citizen


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