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Baby born abroad to British parents: passports

(82 Posts)
angusandelspethsthistlewhistle Wed 10-Jul-13 17:53:04

Message withdrawn at poster's request.

MrsSchadenfreude Wed 17-Jul-13 06:40:55

Living - yes, if someone is British by descent and they come back to UK to heave the baby out on UK soil, the child is British OTBD (I have several friends who have done this).

If the child's parent (father, prior to 1.1.83) was posted overseas by HMG - so in military, civil or diplomatic service and the child is born overseas during this posting (and not while they are on holiday in Benidorm!) then the child is British OTBD and can pass his/her nationality on. It does depend on the nature of the posting - I am not sure if those working for the EU, for example, would be covered by this ruling, as they would not be employed by HMG.

Living Thu 18-Jul-13 06:38:46

Thanks - that's what I'd always understood. How does it work for a male that is British by descent though - does the same thing apply or does it have to be the mother?

I grew up thinking I was British by descent (what I'd always been told, I'm an expat brat) only to discover that I was born before the cut off point. I remember getting quite stressed about this when I was pregnant first time round as DH was also not born in the UK (but his father was serving overseas). When I called the British embassy to ask whether I needed to deliver in the UK they said 'oh I'm not sure, maybe you should be be safe' hmm

MrsSchadenfreude Thu 18-Jul-13 07:09:18

Living - same thing applies (when I did nationality work the parents had to be married if the father could pass his nationality on if the baby was born overseas, but I think this is no longer the case - Trazzle can probably advise on this). If you were born overseas, regardless of when (am assuming you are not so ancient that you fall under BNA 1948), and were not born to someone in government service, you will be British by descent. The Embassy were probably covering their backs as they didn't have all the info and paperwork open to them! We had some very complex cases, where people thought they were British because their father had been a consultant on an ODA contract in Africa in the 1960s, and a bit of research showed that the father was hired as an independent consultant on a government contract, rather than being a civil servant, and this exception to the rule didn't apply to them. But what it did teach me was that the Brits are very good at record keeping, because we never had one case that was a "don't know" or "not proven"!

Chunderella Wed 24-Jul-13 16:30:13

LeMousquetaire are you saying you're not British, DDs dad is, you weren't married and she was born in the UK in 2005?

If so, no she wouldn't have acquired British nationality at birth. Reason being that unmarried fathers couldn't pass on their citizenship until some time in 2006. Nothing to do with citizenship by descent etc. Just plain sexism. However, people in your daughter's position can now register as British. I've a feeling you have to pay the fee though, which is very unfair.

Living any child born in the UK to a British parent, regardless of which one, whether they were married and how they got their status is British.

Trazzletoes Wed 24-Jul-13 16:41:50

I haven't forgotten I promised to answer questions, but my DS has had an unexpected extended stay in hospital <sigh>

LeMousquetaireAnonyme Wed 24-Jul-13 19:02:02

Trazzle, don't worry, I have seen your thread very recently take care of yourself. FX for your son.

Chunderella Wed 24-Jul-13 19:11:32

Sorry to hear about that Trazzletoes.

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