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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi..I need some help as i cant seem to find any information

Resolved Question:

Hi..I need some help as i can't seem to find any information online about this.

Here is the situation. I am from UK but married to someone who is not a British citizen. We also don't live in UK. I have settle with him in his homeland. I am currently pregnant and I will like to have the baby in UK. I don't think he will be able to be there with us when i have the baby (visa problem) so naturally soon i have my baby i will like to apply for a passport as soon i have the birth certificate but i have read somewhere that there is a rule that both parents need to be present if father is on the birth cert...First is this true? As we are now trying to get him a visiting visa but due to his situation (long story) we don't think he will get it so just in case he won't b there at the time of birth and that is the case (dad has to b present for them to issue the passport) i wouldn't want to stuck in UK...Second if i don't put him on, can i do it later once my baby has the passport..Is this ok?

Thank you for the is much appreciated.
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.



Do you wish purely to come to the UK for his birth because you think this will assist in his obtaining UK citizenship/passport?



Customer: replied 7 years ago.
Yes, that's right..

Thing is I have no problem having my baby here but I am not a british born and so I can't pass my british citizenship to my baby which also mean I will have a different citizenship with my baby and after reading more that can make things difficult with the travelling and everything..Mum different citizenship with her son/daughter.
Expert:  Thomas replied 7 years ago.



Just because the chlid is born in UK does not mean it automatically becomes entitled to UK citizenship. If the child was born in the UK then it will be a UK citizen if one of the parents was a British citizen (ie. you) AND you were legally settled in the UK. You are not legally settled in the UK so the child not qualify automatically here.


However if the a chlid born abroad to (a) parent (s) who are British by descent and who have lived in the UK in the past can still meet the requirements to be registered as a British Citizen provided they fulfill the eligibility criteria contained in this link:-


In this way you could have the child abroad and both be named on the Birth Certificate and still obtian UK ctiizenship and UK passport for the child.


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,


Thomas and other UK Law Specialists are ready to help you
Customer: replied 7 years ago.
Thanks for the reply. I have only been living here for 6 months now. I am planning to go back to uk next week (i will be 12 weeks pregnant then) and remain in the UK till i have my baby and see what happens than if to go back or try to apply visa for my husband to come settle with us..Is this still will be problem? and my if my child wont be entitled to UK citizenship due to "i wasn't settled in the uk in the last six month" which citizenship will he have? my husbands?

thanks for your help.
Expert:  Thomas replied 7 years ago.



If you are actually living in the UK (you are present and settled - ie. you intend to reside here permanently) at the time of the birth of your child then the child will be a UK citizen. I do not believe there is a 6 month time limit.


If you asking if you are in the UK and wish for your husband to come and settle here permanently with you and you are concerned that you will not have been here for 6 months before he makes the application then don't worry because in order for him to apply for a spouses visa you need only show that you are now present and settled in the uk as above.


I hope this clarifies, if so please kindly click accept.



Customer: replied 7 years ago.
Thanks for your help..It is much appreciated.