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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am a British citizen (non-resident), I am British by decent

Resolved Question:

I am a British citizen (non-resident), I am British by decent from my British mother; although I was born 1978 I became British by the end of 1983 because of an act that happened 1982, I lived all my life in Egypt, and i was born in Egypt, but I am currently in the uk I have been there for 1 month.
My wife is Egyptian and has been in the U.K for 1month with me (she holds a visitor’s visa 6month visa) and she gave birth to my baby in the U.K
Is my son eligible for British Nationality?
And please on the U.K border agency show me the link that proofs that http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hi,

 

Thanks for your question.

 

If you are a UK National (by descent) and are living in the UK and have recently had a child with your partner, your child would be entitled to obtain UK Citizenship.

 

If the child was born outside the UK, then you would not have been able to pass on your UK Citizenship as you obtained it by descent.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
thanks alot but you said "are living in the UK" does that mean that i have to be a uk RESIDENT for my child to be british?, if my wife is in the uk without me being in the uk would my son become a british citizen?

would he become british under Section 1(3)applications, is this the link? http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/
Expert:  INC replied 3 years ago.

Hi,

 

Yes you do need to be a resident of the UK. If your wife is in the UK and you are not, your child will not be automatically eligible for UK Nationality.

 

Your child would be able to obtain UK Nationality if he/she spends the first 10 years of their life in the UK. As per the details on the link provided above.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
i will click accept but, i want to understand the word RESIDENT, does it mean just present or are there requirements for being resident, as being located there for a certain period or have a National insurence number, or pay income tax etc..

just present?? or??
Expert:  INC replied 3 years ago.

Hi,

 

Resident would mean that you would be living in the UK for at least 6 months of the year. (Often referred to as 'habitually resident')

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
my child doesn't need 10 years, he only needs 3 with me being with him, http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/livingintheuk/

My question is as follows me and my wife have been in the uk for one month i never worked in the uk i dont have a national insurance number or paid tax, we have not been resident in the uk for 6 months only one month, and the baby is born in the uk, would my baby be a british citizen?
Expert:  INC replied 3 years ago.

Hi,

 

If you live with your child in the UK then the child will require only 3 years, if the child is on their own, they will require 10 years.

 

From all of the information you have provided above and considering the fact that you are not resident in the UK, I am of the opinion that your child will not automatically be entitled to UK Citizenship.

 

If you move to the UK permanently in the future, the child will be able to obtain Citizenship after 3 years.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
Relist: Inaccurate answer.
Customer: replied 3 years ago.
not that it is inaccurate, first i said my situation and the answer was he gets the nationality, then when i asked about residency the answer was you are not Habitual Residence then you dont get the nationality, on the www.ukba.com there is nothing about Habitual Residence, so for me to be convinced i need a proof from the law that residency is needed to get the nationality.
Expert:  INC replied 3 years ago.

Hi,

 

I am not sure what else I can say to convince you.

 

The rules on the following link, make it clear in what circumstances a child can apply for Naturalisation as a UK Citizen.

 

If a child's parents are settled in the UK, then the child will be able to apply for Naturalisation as a UK Citizen. You have stated above that you are not settled in the UK and thus, the child would not be entitled to apply for Naturalisation unless the parents were settled in the UK.

 

The fact that one parent has obtained Citizenship by descent would mean that the citizenship would not automatically pass to the child unless the child was born in the uK to UK National Parents who are settled in the UK.

 

I hope this helps.

Customer: replied 3 years ago.

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom


If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen.

child's parent=one parent (wright?), has became settled or becomes a british citizen?, a british father and a son born in uk not equal to british nationality?

to finnalize this if it says a child's parent, do both parents have to be settled, and what is settled anyway can a person be settled with a travel visa, or what does it need to be settled?


Expert:  INC replied 3 years ago.

Hi,

 

If the child's parent becomes SETTLED in the UK, the child would be entitled to register as a UK National, From what you have stated above, it seems that you are not SETTLED in the UK but merely visiting.

 

As you are not SETTLED, the child would not automatically obtain UK Citizenship.

 

Only one parent needs to be settled in the UK. To be settled in the UK would mean that you are living in the UK permanently. A person with a travel visa is not SETTLED in the UK.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
if i as a british person rent a flat, and try to find a job, then i am settled, and my wife is not settled because she has a travel visa then, one of the parents is settled then the baby would get the nationality. right?
Expert:  INC replied 3 years ago.

Correct.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
last part of the question then i will press accept, how can i as a british national proove that i am settled.
Expert:  INC replied 3 years ago.

Hi,

 

You will need to show that you are living in the UK and registered on the electoral roll. This should be sufficient.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
no convinced but as i wasted your time http://en.wikipedia.org/wiki/British_Nationality_Law
Expert:  INC replied 3 years ago.
Thanks.
Customer: replied 3 years ago.
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

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