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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My child was born in Italy in June 2010. I am British, my

Resolved Question:

My child was born in Italy in June 2010.

I am British, my partner (to whom I am unmarried) is Italian.

What is the simplest procedure to get my daughter registered (and therefore a citizen of) the UK.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Are you the mother or the father?

 

Where was the child born and where are your now?

 

Tom

Customer: replied 4 years ago.
I am the father.
The child was born in Italy. The mother is Italian. I am British. We live and work in the UK.
I want my child to have dual citizenship - and not go down the descendent path which would then have implications on her children's nationality going forward.
Expert:  Thomas replied 4 years ago.

Ok. How did you obtain your UK citizen, was it by virtue of being born here to a British Father and a British Mother?

 

What is your date of birth?


Tom



Edited by T_Graham12 on 10/15/2010 at 9:51 AM EST
Customer: replied 4 years ago.
I am born in the UK to a British father, who was married to my mother.

I was born 14th Dec 1972.

I'd like my child to be a full UK citzen; and not by descent which in turn could have nationality implications on her future children. It happens, that her mother and I are unmarried as yet and we chose to have the child born in Italy.

d
Expert:  Thomas replied 4 years ago.

D,

 

I'm afraid that there is no possibility of the child being a British citizen otherwise than by descent. Because she was born in Italy to a British father she acquires her UK citizenship by descent from you. Had she been born in the UK she would have acquired it by birth.

 

As she is British by descent she cannot pass it on her children. If her children are born in the UK then they will acquire British citizenship by birth.

 

Sorry it could not be better news. You can apply for British Passport though obviously.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,


Tom



Edited by T_Graham12 on 10/15/2010 at 10:13 AM EST
Customer: replied 4 years ago.
Would this change if her mother and I were to be married?
Also, since the mother is entitled to becoming a Brit citizen, could the child then be registered with British citizenship other than that by descent?

If either work, is there a time limit?
Expert:  Thomas replied 4 years ago.

Hi,

 

If you married, then your wife could apply for permanent residence here as an Italian national (EEA) and then a year after obtaining PR she could apply to be naturalised as a UK citizen. She would have to be resident in the UK for three years exercising her treaty rights (ie. working, living) before she could apply for PR. The child similarly could do this as a dependent of mother and could then be naturalised as well. I believe this would be citizenship by descent.

 

Hope this clarifies, if so please kindly click accept.

Kind regards,


Tom

Customer: replied 4 years ago.
Tom,

My partner already has the rights as she has been living and working here 10 + years. She has not exercised these rights.

I do not understand your point about naturalising the child after my partner has accepted her British citizenship - surely the child would be a British citizen automatically and not so by descent.

What about if we got married? Are you suggesting that my wife and I could be Brits and the child would only be able to be British by naturalisation?

Sorry to labour through this.

d
Expert:  Thomas replied 4 years ago.

If she has been living and working here then she has been exercising her treaty rights and can probably apply for PR now.

 

If you apply for the child's passport now then the child would receive it by descent.

 

If your child applied for naturalisation on the basis of their dependency of the mother who is also applying after she as received PR then this would be citizenship otherwise than by descent and the child could there pass on their citizenship by descent at a later date when they themselves have children.


Kind regards,

 

Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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