Can UK born DD get a UK passport?

[bbmaka]

Hi all,

Our DD was born in the UK 4 years ago whilst we were living there (we were there for 5 years 2002-2007). Neither DH or me are British (both Australian, no British parents). We assumed at the time that DD wouldn't be able to get a UK passport but have since been told this might be possible...anyone know?

To further complicate matters, we are about the return to the UK for another 2 year work contract, with 2 DDs now, the one mentioned above and one that was born back in Australia in the interim.

DH and I considered trying to get UK residency then a passport for ourselves the first time but during the course of our stay the Govt changed the rules to 5 years for residency and 6 for a passport and we couldn't stay that long. But if we go back again, would these next 2 years count towards this when added to the first stint, or are we back to square one again?

Complicated questions, no idea where to find answers!!!

Unfortunately not on both counts.

Your daughters would only be entitled to register as British if you or your spouse had indefinite leave to remain in the uk.

The routes to obtaining this have been changed, so time periods may vary, but generally you would need 5 years residence before being entitled to indefinite leave.

The info is all on the UK Border Agency website but to say it is not easy to check that you have the right info is something of an understatement. Please do get legal advice on your applications.

Good luck!

If you have been out of the UK for the last three years, you will not have continuous residence. You have to be in the UK for several months each year (on a sliding scale) before making a citizenship application. IIRC, you can leave the UK for two year and still get back in, but your most recent years of residency count towards citizenship.

I am an Aussie living in the UK, both of my children were born here and both have British Citizenship and passports.

They were entitled to both as my husband and I had been through the long and arduous process of getting Residency and then Citizenship.

As Thistledew says, a child's right to British citizenship and a passport is through their parents. This has been the case since the early 1980's. So if you did not have at least indefinite leave to remain in the UK, then your child is not eligible for citizenship or a passport.

Relevant section of Home Office website is here:-
www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyi ngterritory/

What type of visa were you and your husband on when you were over here before?

PS. I have found this website [www.immigrationboards.com] very good for getting information on immigration queries. But in the end we sought legal advice as immigration is a minefield!

A child's right to UK citizenship is dependent on his/her parents' status at the time of birth; just because your DD was born in the UK does not qualify them for UK citizenship. Neither of you were UK citizens, so your DD is not eligible.

In addition, your "citizenship clock" will start again from the time you arrive back in the UK; your previous years living here will not count as you have been away from the UK for too long.

On top of all this, UK immigration is getting tougher and tougher, and the new government are about to institute a cap on total immigration, so you need to get in quick.

bbmaka
Similar situation for us when DD1 born in 2002 in UK, parents both kiwis. Slightly complicated by fact that we had legal right to work through "grandparent entry". I tried to apply for DD through the Passport office on the basis that "grandparent entry" is effectively indefinite. They told us they couldn't make a decision, that its was a murky area because under "grandparent entry" you have to reapply every 4 years and although it is (or was anyway) pretty much a rubber stamping exercise, that still technically made it doubtful that it was indefinite. They told us to apply directly to the Home Office. At which point I'm ashamed to say I gave up and got her a NZ passport through citizenship by descent. We now live back in NZ. I must admit I did find it strange that she apparently wasn't entitled to anything automatically - even NZ citizenship by descent must be applied for before a child turns 18.
However it must be said that its exactly the same (in reverse) in NZ - but that won't stop DD being rather upset when she's older I suspect!

Thank you all for your input and links to various websites. A few of you have mentioned getting a lawyer involved...can anyone recommend a lawyer in either the UK or Australia that specialises in immigration matters?

DH initially entered the UK on a Work Permit visa, which was the visa he was on when DD was born. When that expired he got a Residence Permit with Limited Leave to Remain. My visa status was linked to his as his spouse. What implications would this have for DDs passport status?

Answers are still the same. You need to be a UK citizen or (in occasional circumstances) have permanent leave to remain (i.e. without any restrictions or limitations) for your DD to qualify for a UK passport. Neither of you had either of these.

I really wouldn't bother paying for a lawyer on this issue; the rules are quite clear.

(sorry -- that should have been "indefinite leave to remain")

what everyone else said. As you had limited leave to remain she is not entitled to a british passport. I have three dds and am an aussie but I have british citizenship by descent - my dad was english. My daughter born in the UK was entitled to automatic citizenship as her father was english and I had english citizenship. My other two daughters are entitled to British citizenship by descent as their father is English. They cannot get it from me as I had mine by descent - very tricky but that is the way it works.

You'll be able to find plenty of recommendations for immigration lawyers on the British Expats website but as it looks like you didn't have "indefinite leave to remain" at any point I can't see what basis you would have for an application.

As you and your DH were on temporary visas at the time your DD was born, you are not EEA Nationals and your DD did not live in the UK until she was 10 she has no right to a British passport. Being born in the UK hasn't been enough to qualify you for automatic citizenship since 1983.

Thanks everyone. I didn;t think she was eligible but since a friend of a friend told me she might be I though I better check it out. Now I know, no need to go through further admin hassles (yea!!!).