Child born in the UK to SA mother and British (ancestry) father
May 22nd 2011, 11:16 pm
#16
Retired
Joined: Apr 2004
Posts: 34,649
Re: Child born in the UK to SA mother and British (ancestry) father
Hi JAJ, in such a case where a child is born outside of the UK, when we are ready to return to the UK with my wife on a marriage visa, would our child (under 5 years old) have to apply for a visa as well? Would our child have to wait (whilst living in the UK) until the age of 18 before becoming a British citizen?
Child can become a British citizen before age 18.
http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/
Pay particular attention to the sections describing section 3(2) and 3(5) registrations.
May 23rd 2011, 4:40 pm
#17
Forum Regular
Thread Starter
Joined: Jul 2010
Location: UK
Posts: 49
Re: Child born in the UK to SA mother and British (ancestry) father
If child is not a British citizen, child absolutely needs a visa unless the child happens to have an EEA/Swiss passport.
Child can become a British citizen before age 18.
http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/
Pay particular attention to the sections describing section 3(2) and 3(5) registrations.
Child can become a British citizen before age 18.
http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/
Pay particular attention to the sections describing section 3(2) and 3(5) registrations.
With regards to Section 3(2) one of the requirements is:
the parent who is British by descent was born to a parent (the child's grandparent) who was a British citizen otherwise than by descent (or would have been but for their death);
I am British by descent and so is my father i assume as he was born outside of the UK.
So if the child is born outside of the UK and does not meet the requirement above then what happens, does the child stay on a visa until the age of 18? What type of visa is it that the child needs, if my wife is applying for a marriage visa?
May 23rd 2011, 7:33 pm
#18
Retired
Joined: Apr 2004
Posts: 34,649
Re: Child born in the UK to SA mother and British (ancestry) father
Thanks a lot for replying JAJ, i appreciate the time you take.
With regards to Section 3(2) one of the requirements is:
the parent who is British by descent was born to a parent (the child's grandparent) who was a British citizen otherwise than by descent (or would have been but for their death);
I am British by descent and so is my father i assume as he was born outside of the UK.
So if the child is born outside of the UK and does not meet the requirement above then what happens, does the child stay on a visa until the age of 18? What type of visa is it that the child needs, if my wife is applying for a marriage visa?
With regards to Section 3(2) one of the requirements is:
the parent who is British by descent was born to a parent (the child's grandparent) who was a British citizen otherwise than by descent (or would have been but for their death);
I am British by descent and so is my father i assume as he was born outside of the UK.
So if the child is born outside of the UK and does not meet the requirement above then what happens, does the child stay on a visa until the age of 18? What type of visa is it that the child needs, if my wife is applying for a marriage visa?
But if you are planning to live in the UK, you should normally look at section 3(5) instead. This registration gives British citizenship otherwise than by descent and the eligibility is based on residence in the UK.
Child can be added to your wife's spouse visa (not "marriage visa" as that is something different) as a dependent and can normally get permanent residence (ILR) at the same time. Complications arise if child turns 18 before ILR is granted - is that a risk considering the age of the child?
