registering with NHS for baby born out of UK

[nello]

Is this possible? My baby was born out of the EU and we are now moving to Italy. I would like to be able to register her with the NHS. IS that possible, or do I need to wait until we move back to the UK?

Thanks

Wow, what a can of worms! I know DD is British, she could choose to be spanish when she is 18 if she has enough years here. But it doesn´t really matter as we are all in EU.
So anyway, I have her libro de familia and a certified copy of the birth book from the town hall as well as her passport. Is this OK to EASILY register her at pre school and the doctor in Aug as she has medical needs and SN.
It is going to be a ricky road to get all her stuff transferred over and I don´t want to delay anything that could be easily sorted before hand. We all have spanish EHIC cards valid for a year as we pay into the system here so entitlement isn´t an issue I am just want to be as organised as possible
Thanks

ISW I'm in pretty much the same situation as you (except I was told 16 for Spanish p/port - not that I'm bothered) and it's been pretty straightforward registering DD3 back in the UK. We don't actually move back until after the summer (making the most of it!) but GP already reg, nursery sorted for after half term etc. The BC we got when she was born and the Libro de familia together with her British PP were all the bits I needed to prove who we were - I'm assuming on your DD's BC you've got the same info as ours - i.e. us as her parents and our parents on top of it - or is it different according to Province (We're Malaga prov)

You can't, unless you live here, and you can't use it yourself, unless you live here.

I don't know if anyone else has said this, but (assuming you are British) if you want your child's child to have British nationality, it will have to be born in the UK.

Gooseberrybushes - No sorry children can be born outside the UK to British parents and they will still be british.
Rock, we are also Malaga she doesn´t have a BC, the only paper i have is libro and photocopy of Birth book with official stamp on it. Do you mean that? Please dont tell me I have lost a piece of paper!? Where are u moving to btw?

Natation is right. On all counts. (I also used to work in nationality determination) at her getting called a stroppy cow when she's simply trying to set people right.....

Gooseberry, that's not true at all. Many forms of naty, some by descent, like my own dd has.

Isw: the children of the children born outside the UK need to be born inside the UK to be British, I believe. That is what I am saying.

ie the OPs grandchild.

MmeBlueberry already covered this the topic of children born outside the UK to British citizens by descent who are also born outside the UK, these children at birth would not normally be British citizens, as gooseberry has said BUT.... British citizenship can be granted after birth to these children too, look at the wikipedia link under "registration as a British Citizen".

sorry for the thread hijack OP but I have been wondering if natation might be able to answer my query about British citizenship. I have skimmed the wiki link but can't find an obvious answer.

DH is British, I am Australian (do not yet have my British citizenship). DS was born in Oz, moved to the UK when 6 weeks. He is British by descent and has British passport. DD was born in the UK, so is British. We live in the UK, but may move back to Oz in the future.

Clearly DD can pass on her British nationality to any future children, but what about DS? By the merit of living here, will he be granted his own British citizenship or will he always be British by descent and then unable to pass on British citizenship to any future children born outside of the UK?

Apologies again OP. Once you move back to the UK it is very easy to register with the GP.

I'm at the limits of knowledge here, but any future children of snowwombat's son that are born outside the UK will not be British, unless they then move to the UK as children and according to certain residency conditions, will possibly be able to REGISTER as British citizens.

I don't think it's possibly though to register as a BC under a different section of the act, when you are already a birthright BC (allbeit by descent) under another section (even if you then later fulfill the residency requirements for minors) Does that sound right natation? I'm dredging my memory here (left that job in 94, so al ot has changed since then, but I don't think that has)

ISW I'm just going to PM you.

I am still thinking about this one. It's too technical. Would it not seem unfair that, if that DS came to the UK as a French national instead, then was registered as a BC, then moves to France as an adult and fathers a child, surely that child of DS is going to be able to gain British citizenship by descent? Whereas if DS comes to the UK as a BC by descent as he has done, then moves back to OZ and fathers a child, that child cannot be BC by descent? I don't know nationality law well enough. Maybe DS can indeed be granted the same rights as DD, due to his residency in childhood and therefore pass on his BC to descendents, if born in UK or outside the UK...This is indeed a question I would ask this question directly to UKBA and I would want the answer written down too, rather than someone getting it wrong on the phone.
ukba.homeoffice.gov.uk/contact/contactspage/contactcentres/

Bloody hell it's complicated! I'll have to make sure DD marries/shacks up with an Englishman, with a British passport who was born in the UK with relatives who have never left the bloody country. Just to make sure Fucking minefield.

Thank you again natation and also Bucharest as I said upthread I think, I didn't realise what a complicated issue it is. I appreciate your words of wisdom.

It is unfair, if it's still the case as I seem to recall. (Like the fathers not being able to pass on nationality if unmarried wasn't fair) I'm about to go out to take dd to a birthday party or I'd have a look through the law, but no time!
Definitely contact the Border Agency though, and find out! (I've already told dd she's going to have to give birth in the UK at some point!!!)

I think that's what I'll do, though as she's only two she can bloody well wait some time.

The question seems to be, natation, whether by registration, your DS becomes a British citizen by descent or other than by descent. And I'm not clear on that issue. If he naturalised as an adult, through residence in UK, then he would be British other than by descent, but I am not sure whether this (new, I think? I stopped doing nationality work in 1994) registration as a child (presuming born overseas to a British parent who is British by descent) would give you a more "British" status (ie one that you can transfer to your children) than someone who was born overseas to someone born in the UK (who wouldn't automatically be able to pass on their British nationality). I would say that it shouldn't, but I don't know. You do need to get a nationality whizz to give you chapter and verse on this, and get it in writing.

If you become a British citizen by registration or naturalisation, then it's otherwise than by descent.

A big thank you to natation, Bucharest and MrsSchadenfraude for taking the time to respond. Like RockStock said, it is a fecking minefield, and often difficult to get a clear answer from UKBA. I will contact them and get a response in writing. Fortunately, I do have some time up my sleeve, DS turned 2 today .

Aw, Happy Birthday Babysnowwombat - s'alright - my small DD, the one in question, is only just two as well.

This

The UKBA rules.

A point about registration in these circumstances.

If the family (parents and child) live in the UK for at least three years at the time of application, the child will become a citizen otherwise than by descent.

If registration is applied for without ties to the UK, the citizenship will be by descent.

wow, seems to be a few of us with Spanish born DCs moving back to the UK... we should form a club.

I have to say natation that when we registered DDs birth at the UK consulate we got what is, to all intents and purposes, a British birth certificate for her. It even says Birth Certificate. perhaps, by some hair-splitting legal definition it isn't a de jure birth certificate, but it's certainly a de facto one.

Incidentally we found out afterwards that registering her was a bit of a swizz - very expensive (over ?100) and not necessary as it wasn't required to get her a passport, though perhaps it will shave her hassle in later life.