Baby born outside the UK. Complications!!

[flowery1106]

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.

ThenLater, what makes you think that is the case? OP is not a citizen and DH is, but only by descent, so cannot pass on BC as a matter of course.

MrsHale I totally agree that it's a ludicrous rule. My father was working in Canada for the British government when I was born but because I wasn't born in a British military land area it doesn't count as a British birth. It does bother me that people born to parents who came to the UK are British yet my DC are not, even though my family have maintained and continue to maintain links to the UK since the 1300s. Oh and my brother is in the British Army despite not being born in the UK.

I think it was Margaret Thatcher who brought in this form of second-class citizenship, as a bar to members of the commonwealth.

Yes, BNA 81 which despite being modified and added to over the Yeats, still forms the basis of British Nationality Law today.
KP- Yes, I know. Same situation as my daughter who is also BC-d.
I worked in the Nationality Office (as it was then called) some years ago, so know which bits of the Act to rummage through.
I'd urge anyone born abroad to B/C parents and told by consular staff that they have no route to b/c other than by naturalisation to check the act(s) for themselves.

Want2be- wasn't your father in crown service? Was he recruited in the UK?
Militare zones are usually only relevant for births in Cyprus, govt service, on the other band, generally confers BC otbd if the parent was recruited in the UK.

If the OP's husband has had 3 yrs of UK residence with no fewer than 270 days absence prior to the child's birth, then the baby would seem to qualify to be registered under 3(2).

ThenLater, thanks for that. Will have to have a look at that specific section of the act as we are in that situation ourselves. DH is BC by descent, DS born in Aus and we are currently living here. Would be handy to be able to get DS citizenship proper.

Living in the UK? Check 3(5).

My father was recruited via London but because he was leaving one foreign post for another it didn't count as he went direct when transferring rather than stopping into the UK first. The reason for him not stopping was because of his bosses telling him he had to go direct. It's one of the reasons he decided to not set up his business in the UK. He put his HQ in Sweden and his residence in Canada, later to move it to the U.S.

Want2b - if your father was recruited in the UK and was on Crown Service, it shouldn't matter if he went from one posting to another. Many diplomats and other government employees do this and if they are in Crown Service when their child is born, then the child will be British OTBD (other than by descent) - ie have the same status as a child born in UK and able to pass on the nationality, even if the parent is British by descent. (Also a former nationality wonk!)

Thenlater has good advice.

ThenLater, I just wanted to write and say thank you for referring me to the Act. I now know that if we stay here for three years we will be able to apply for DS to become a British citizen.

Another question for you, if I may (I don't remember you answering previously): if DH is BC by descent, and we have another child while living here (with me on family of settled person visa), will that child be automatically eligible for BC?

Thanks :)