britoutofwater

Yes, I was born in the UK to one British and one Portugese parent.

BritInParis

Okay, so providing you can get your name added to your daughter's birth certificate then obtaining her British passport would be relatively straightforward.

What's the current situation in Oklahoma? A quick Google search suggests it would possible for you to recognised as your daughter's parent.

britoutofwater

It might be possible retrospectively to get added to the Oklahoma one, but it seems the rules for a UK certificate are either that you have to have been in a civil partnership at the time of the birth, or have been treated at a registered clinic and completed a parental agreement form, and we don't fit those criteria.

If we haven't registered the birth with a consulate can she still get citizenship and a passport?

BritInParis

Your daughter is either a British citizen or she isn't. Consular birth registration is not mandatory to acquire citizenship, it merely records the fact that someone is a British citizen.

When was your daughter born? If she was born after 6 April 2009 then you would be automatically considered the parent of your daughter under the Human Fertilisation and Embryology Act 2008 and providing you could be added to the birth certificate she would be eligible for a British passport and consular birth registration.

If your daughter was born before this date then you can apply to have her registered as a British citizen under S.3(1) British Nationality Act 1981 at the discretion of the Home Secretary.

britoutofwater

Thank you that was really helpful. I've already been in contact with a lawyer in Oklahoma and it seems like this is the way to go. It doesn't help with my wife's fees but one visa fee vs. two is a huge difference!

Gozit

For your wife, get Portuguese citizenship if you can. That will be the best option. And for your daughter too since eventually, if she has children, it will be easier to pass on PT citizenship since British citizenship only passes to one generation born outside the UK (in most cases). Either way its a good process and dual citizenship is always better than one, especially if Brexit happens. Of course getting your daughter registered as British is a good idea as well, and in the end she would have triple citizenship.

Good luck...

enjee

With regard to renouncing British citizenship to take advantage of EEA Family Permit, what implications will a leave vote in the upcoming referendum have? I ask as a dual Irish/British citizen thinking about getting my non-EEA wife back to Northern Ireland.

BritInParis

Depends on what is decided during the Brexit negotiations regarding Freedom of Movement.

Gozit

Isn't UK/Irish freedom of movement governed by the CTA and therefore separate from EU freedom of movement, meaning no change will come to British/Irish freedom of movement between the two?

BritInParis

For Irish citizens, yes. The question was regarding using EEA Freedom of Movement rights for a non-EEA spouse.

Gozit

Aaah nevermind then, brain fart. Yes that will depend on if the UK stays/leaves. Although it is very likely it will remain in the EEA and thus the current family permit rules would apply.