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Original poster

Baby born outside the UK. Complications!!

36 replies

flowery1106 · 16/12/2015 10:41

Any advice is appreciated! Thank you.

It's regarding my baby's British citizenship who's going to be born abroad next year. My husband has a British citizenship by descent and I have an Indefinite leave to remain.

Because DH is British by descent, we can't pass on the citizenship automatically. We'll have to apply for DS's citizenship and I have two options to consider. 1) Apply for British citizenship from abroad or 2) Come back to the UK on other passport and deal with the British citizenship/passport once I'm back to UK.

My question is, would there be any issues or more complications with number two option? It doesn't seem to have enough information on gov.uk website nor reply my email.

Also, I will be the one to take the baby back to the UK without my husband and I don't have a British citizenship (I'll take the Marriage certificate and Birth certificate with me). I was wondering whether it would cause any problem.

TIA.

OP posts:
YeOldeTrout · 16/12/2015 11:42

Since option 2) is more expensive and involves transporting a small baby with unknown needs, why wouldn't you try Option 1) first?

sofato5miles · 16/12/2015 11:47

Can you not have the baby in the uk?

Original poster
flowery1106 · 16/12/2015 12:24

YeOldeTrout,
Oh, I didn't know option 2) costs more. Do you know the rough ideas on fees? I thought both were around £700. Unfortunately option 1) can take 2-5 months to get it which means I have to stay abroad for much longer than I expected.

Sofato5miles,
We decided to give birth abroad because then I have my family who can support me with 13 months baby girl while I take care of my newborn. It will be a pain to be separated with my DH as he works in london though :(

OP posts:
KP86 · 16/12/2015 12:47

I would seek advice from an immigration lawyer, but I suspect the best way to guarantee your child British citizenship would be to have the baby here. Can your family travel to the UK to support you here instead? It would actually be a lot easier on your older child if they can keep their normal routine - play groups, child care etc when the new baby comes.

Otherwise, I suspect (and it is speculation) that your child would need a family visa, like you would have originally, and then after 5 years be eligible for indefinite leave to remain. Costs at least £1000 for the visa and has to be completed from a country where the child has residency (ie. place of birth in this instance). Do not make the mistake we did and think you can do it from within the UK!

YeOldeTrout · 16/12/2015 13:47

I meant it costs more because you have to pay for travel to UK & back again.

I doubt having baby on UK soil is going to help, besides, are you eligible for treatment under NHS or would you have to go private?

I had ILTD & was married to a born-Englishman. My kids being born in UK made sod all difference to their citizenship, it's the marriage that counted. There was a situation whereby if I hadn't married DH & if my own citizenship didn't meet certain rules, my kids could have been born with entitlement to no passport or citizenship at all.

AnotherCider · 16/12/2015 13:51

Having the baby on UK soil will definitely help. DS2 was born when both DH and I had indefinite leave to remain and was automatically a UK citizen. DS1, born while we had visas, was not.

YeOldeTrout · 16/12/2015 14:05

Ah, AC is right.

but tbf, the rules change all the time. OP needs to find someone who knows regs now & for next 2 yrs.

I think I was told 15 yrs ago, when I only had ILTR, that DC only had right to abode until age 18. The rest of the letter was pretty cryptic, to be fair, but it gave impression DC could be deported from age 18.

I had a bad experience bringing baby DD into UK on her foreign passport, even though I had ILTR & her dad is English-born poxy regional airport jobsworth.

marcopront · 27/12/2015 20:15

If your husband is British by descent I thought he could only pass on his nationality if the baby was born in the UK. I agree with others though check with an immigration lawyer.
You could also try asking here
www.ukresident.com
There are some very helpful people there.

Penfold007 · 27/12/2015 20:25

Why is it so important your child has British citizenship?

LIZS · 27/12/2015 20:36

Does your other child have British nationality or visa? If your husband works in London why are you all not resident?

alteredimages · 28/12/2015 19:41

I would definitely give birth in the UK. It would be very time consuming and expensive to have to register your child as British citizen and they would have to meet a lot of requirements to do so.

SquinkiesRule · 30/12/2015 23:36

Sounds like they live in London where the Dh works penfold baby being a UKC makes it easier.
I'd ask over on www.britishexpats.com site they have some pretty savvy people on there, look in the Moving back to UK section they have a big section on the new family rules.
From what we were told british by descent have to have their children born in UK for the babies to have citizenship, no other way about it unless they marry a Brit otherwise than by descent. Two of my three are by descent.

Want2bSupermum · 31/12/2015 03:50

You def need an immigration lawyer. Three years ago we were told I had to deliver in the UK as I'm British through descent. We now live in the US and it's where I delivered. DH is Danish so they have access to the UK via that passport.

Yes it's a stupid rule and they keep changing it. If you want to make life easy just have the baby in the UK. Apply for a passport ASAP and fly to your home country.

yakari · 31/12/2015 04:04

My DSis and I have right of abode via our parents being British but having taken another commonwealth nationality before we were born.
Her DCs father was British but they were not married, although he was on BC - she had an awful time getting them sorted. They took her citizenship as she was the mother and as with a previous Op basically the view was they could be deported at 18. However their life was and most likely will be in UK so made sense to have citizenship from their Dad. She needed copies of BCs and MCs for grandparents plus their own BCs and passports plus various documents to show that her and their father were an established relationship and the Family based here (I think this was merely influential as opposed to a requirement)
Get an immigration lawyer but be prepared for a drawn out process.
I married a European so as long as the EU stands it makes life much easier Wink

Atenco · 31/12/2015 04:11

My dd is British by descent and she cannot pass on her citizenship. My dgd would have had to have been born in the UK to get citizenship.

Glastokitty · 31/12/2015 04:44

You need to talk to an immigration lawyer. Rules change all the time, and it's not something you want to get wrong.

wallywobbles · 31/12/2015 04:52

I'm British, DCs dad is French. I applied for British passports at 5 weeks old. His nationality never an issue only one parent needs o be British.

Originally from French embassy in Paris, now done by post.

The forms are a PIA to get right particularly the independent signatory part but once correct they are quick. Think ours took 2 weeks maximum.

KP86 · 31/12/2015 05:35

Wallywobbles, the complicating factor is that people who are British by descent (as OP has described) cannot pass on their citizenship to their children, unless they were also born in the UK, when they will automatically be citizens.

This is the same situation for my family.

GinandJag · 31/12/2015 06:19

I don't think you can speed up the registration process by doing it in person in the UK. It could easily take 6 months, assuming your DH has lived in the UK for at least three years.

NerrSnerr · 31/12/2015 06:24

I would just give birth here- although your husband will be working would he be able to take paternity leave and then some annual leave so he can help with the older child for the first couple of weeks.

wallywobbles · 31/12/2015 11:02

Sorry. I thought you were British. Got it now.

ThenLaterWhenItGotDark · 03/01/2016 10:20

If the child is born abroad there would be no quicker way to obtaining b/c status by coming to the UK to do it.
If giving birth in the UK isn't an option, then you need to check if entitlement to registration is an option. That would depend on your or your husband's former residency (in terms of years)
You don't need to pay for a lawyer, CAB are hot on naty law and in any case the gov website is very straightforward.
You need to read the sec 3 criteri a of the Act, for minors born abroad.

ThenLaterWhenItGotDark · 03/01/2016 10:26

Your child would probably qualify for reg as B/c by descent under 3(2) of the act. You can download the PDF MN1 from the gov website.

ThenLaterWhenItGotDark · 03/01/2016 10:29

The law has ben changed now to treat non married BC fathers on equal terms as mothers iirc, it used to be a kind of matriarchal anomaly that fathers couldn't pass on c/s. Think its changed in the early 2000s.

MsMargaretHale · 04/01/2016 09:50

I think it is an intersting anomaly that a British citizen by descent cannot pass on their British citizenship (and with it the right to live and work throughout the EU) unless their child is born in UK. But citizens of EU countries where nationality is based on jus sanguis (the bloodline) can. So for example a third, fourth or fifth generation German citizen whose family had never set foot in Germany could get a German passport - and with it the right to live and work in UK - whereas a third generation Brit would have no such rights.