Can I give my future son the British citizenship?

Old Jun 5th 2018, 12:37 am
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Default Can I give my future son the British citizenship?

Hi there!
I'm wondering if anyone here might be able to assist me as trying to get hold of any information on any government websites is almost impossible.
So, I'm a British citizen (born in Hong Kong in 1978 to a British citizen father and a mother (foreign national but later became a registered UK citizen) and after 12 years living in UK have now been living in Australia for the last 13 years. Two years ago I decided to become an Australian citizen, so now have dual citizenship.
The big news is that I am now pregnant and hoping I will be able to make my son a British citizen too. The father of my son is Australian. Naturally, I would believe, my son would become an Australian citizenship, but what about becoming a British citizen too by birth right?
Some information I have read online on the homeaffairs website suggested before I do anything, that I would first need to 'marry' my partner before I could request a British passport for my child. This doesn't make any sense as I am the one who is British, and I can't see why I would have to be married to an Australian man to qualify.
Also, we intend to give our future son a hyphenated name with both our surnames. Could this cause any problems? Also, not sure what effect me being born in Hong Kong (but to British citizens) could have on the matter as well.....
If anyone has ANY help to provide in this regard, that would be great. It's impossible to talk to a real person or get through to anyone, or find the information online anywhere.
Thanks so much!!

Last edited by babykitten666; Jun 5th 2018 at 1:24 am. Reason: Update info.
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Old Jun 5th 2018, 1:11 pm
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Default Re: Can I give my future son the British citizenship?

British mothers have been able to pass on their citizenship to their children, legitimate or not, since 1983 so being married is irrelevant. Likewise the decision to give your child a hyphenated surname is entirely up to you and the father and has no bearing on citizenship.

What was your father's occupation at the time of your birth? Did your mother become a British citizen before or after you were born?
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Old Jun 5th 2018, 6:43 pm
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Default Re: Can I give my future son the British citizenship?

Another option is for you to consider giving birth in the UK. A child born in the UK with a British Citizen parent would automatically become a British Citizen at birth. As you are a naturalised Australian, it is likely that your son can get Australian citizenship by descent?

If you want to give birth in the UK, I would suggest you to go to Northern Ireland. A child born on the island of Ireland (including Northern Ireland) with a British Citizen parent would be entitled to Irish citizenship too. Irish citizenship is something useful to have after Brexit as Irish citizens will continue to get freedom of movement in the EU. Another plus point is that Irish citizenship is easier to pass down the generations than British citizenship.
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Old Jun 5th 2018, 7:12 pm
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Default Re: Can I give my future son the British citizenship?

Originally Posted by HKG3
Another option is for you to consider giving birth in the UK. A child born in the UK with a British Citizen parent would automatically become a British Citizen at birth. As you are a naturalised Australian, it is likely that your son can get Australian citizenship by descent?

If you want to give birth in the UK, I would suggest you to go to Northern Ireland. A child born on the island of Ireland (including Northern Ireland) with a British Citizen parent would be entitled to Irish citizenship too. Irish citizenship is something useful to have after Brexit as Irish citizens will continue to get freedom of movement in the EU. Another plus point is that Irish citizenship is easier to pass down the generations than British citizenship.
Up to the OP of course, but the thought of popping over to the UK, giving birth, and then popping back home to Australia seems rather drastic! Would she even be eligible for free NHS maternity services if she was a temporary visitor to the UK, rather than a resident?
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Old Jun 5th 2018, 9:14 pm
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Default Re: Can I give my future son the British citizenship?

As a visitor most definitely not........
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Old Jun 5th 2018, 10:01 pm
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Default Re: Can I give my future son the British citizenship?

Originally Posted by spouse of scouse
Up to the OP of course, but the thought of popping over to the UK, giving birth, and then popping back home to Australia seems rather drastic! Would she even be eligible for free NHS maternity services if she was a temporary visitor to the UK, rather than a resident?
As a visitor, no, as a resident, yes. The OP would likely want to travel to the UK several months ahead of the birth - 24 hours in a plane isn't much fun at the best times, never mind whilst heavily pregnant. Airlines will also have their own policies regarding pregnant women. Qantas, for instance, requires a doctor's note after 28 weeks. I suspect this is largely academic however.
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Old Jun 5th 2018, 10:25 pm
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Default Re: Can I give my future son the British citizenship?

Originally Posted by BritInParis
As a visitor, no, as a resident, yes. The OP would likely want to travel to the UK several months ahead of the birth - 24 hours in a plane isn't much fun at the best times, never mind whilst heavily pregnant. Airlines will also have their own policies regarding pregnant women. Qantas, for instance, requires a doctor's note after 28 weeks. I suspect this is largely academic however.
Having had 3 of the little blighters, I agree that the flight wouldn't be fun! Given that the OP is presently expecting and knows her baby's gender, it would certainly seem unfeasible to be in the UK for this birth.
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Old Jun 19th 2018, 11:52 pm
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Default Re: Can I give my future son the British citizenship?

[QUOTE=babykitten666;12510568]Hi there!
I'm wondering if anyone here might be able to assist me as trying to get hold of any information on any government websites is almost impossible.
So, I'm a British citizen (born in Hong Kong in 1978 to a British citizen father and a mother (foreign national but later became a registered UK citizen) and after 12 years living in UK have now been living in Australia for the last 13 years. Two years ago I decided to become an Australian citizen, so now have dual citizenship.
The big news is that I am now pregnant and hoping I will be able to make my son a British citizen too. The father of my son is Australian. Naturally, I would believe, my son would become an Australian citizenship, but what about becoming a British citizen too by birth right?
Some information I have read online on the homeaffairs website suggested before I do anything, that I would first need to 'marry' my partner before I could request a British passport for my child. This doesn't make any sense as I am the one who is British, and I can't see why I would have to be married to an Australian man to qualify.
Also, we intend to give our future son a hyphenated name with both our surnames. Could this cause any problems? Also, not sure what effect me being born in Hong Kong (but to British citizens) could have on the matter as well.....
If anyone has ANY help to provide in this regard, that would be great. It's impossible to talk to a real person or get through to anyone, or find the information online anywhere.


Sorry, but I believe you may find it a little more complicated than you think to get your son citizenship. If you were born outside of the UK you only have citizenship by decent yourself. I believe this means that unless your son is born in the UK he won't get citizenship. I know this sounds odd and harsh but I have 3 sons, both my husband and myself are British by birth, all our parents, grandparents, great grandparents back until the year dot were British, our two older sons were born in the UK so are also British by birth, however, our youngest was born in France, so even though he has the same parents, grandparents, etc etc as his brothers he is only British by decent too. We now live in Australia, as I understand it, any grandchildren from our first two sons will be entitled to British citizenship, but those from our youngest apparently will not. Sounds illogical, but we have been told this is the case.
]
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Old Jun 20th 2018, 10:25 am
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Default Re: Can I give my future son the British citizenship?

Originally Posted by Smartinis
Sorry, but I believe you may find it a little more complicated than you think to get your son citizenship. If you were born outside of the UK you only have citizenship by decent yourself. I believe this means that unless your son is born in the UK he won't get citizenship. I know this sounds odd and harsh but I have 3 sons, both my husband and myself are British by birth, all our parents, grandparents, great grandparents back until the year dot were British, our two older sons were born in the UK so are also British by birth, however, our youngest was born in France, so even though he has the same parents, grandparents, etc etc as his brothers he is only British by decent too. We now live in Australia, as I understand it, any grandchildren from our first two sons will be entitled to British citizenship, but those from our youngest apparently will not. Sounds illogical, but we have been told this is the case.
It will all depend on individual circumstances. British nationality law is easily the most complicated in the world and there can be a myriad of factors which can affect someone's entitlement to British citizenship. The OP never came back to answer my earlier questions so it's not possible to give an informed opinion on her ability to pass on her British citizenship to a child born outside the UK.
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