my wife has a 6 months visit visa, we are only present in the UK, my wife and i are not settled in the UK, as she does not have a settled status or ILR,
A Lawyer once told me that i have to be Resident, meaning that i should be living in the UK for at least 6 months of the year. (Often referred to as 'habitually resident').
Also the same lawyer told me, "If the child's parent becomes SETTLED in the UK, the child would be entitled to register as a UK National, As i am not SETTLED, the child would not automatically obtain UK Citizenship."
He Literally interpreted the Section 1(3)
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. This registration would be under section 1(3) of the British Nationality Act 1981.
but the other site is quite different saying
If you were born in the United Kingdom on or after 1 January 1983
If you were born in the United Kingdom on or after 1 January 1983, you are a British citizen if at the time of your birth one of your parents was:
- a British citizen; or
- legally settled in the United Kingdom.
Is there any extra requirements for my son to be British, like his parents should be settled or resident in the UK (not only present with British nationality)?
Or being born in UK + father British (not resident and not settled)= British Son
Also if my wife is alone in UK (without me)would it differ? i.e I am not present.