chubby88

Hello,

I am a UK Citizen 'other than by descent' (born in UK) , my daughter was born in Hong Kong and is a UK Citizen 'by descent'.

My daughter at 19 years old gave birth to a baby girl in February 2012 in the Philippines. The father is a Filipino and they are not married.
My daughter has a British passport only and has no right to stay in the Philippines (she is currently on a tourist visa). The baby can (I assume) get a Philippine passport because she was born there but currently neither have the right to live in the same country.

My daughter has not spent 3 years in the UK to date (she was at school for about one year only)

My question is, how should we go about getting a UK 'settlement visa' for my grand-daughter? or is there a better way of getting my grand-daughter into the UK?

Many thanks in advance for any advice.

pennylessinindia

I would suggest that she goes to the Consular section of British Embassy in Manila and explain her situation. They should be supportive and able to issue up to date local advice.
this is some guidance on applying for settlement for a child:
http://www.ukba.homeoffice.gov.uk/po.../ecg/set/set7/

holly_1948

Agreed with the previous posting.

And the granddaughter can become British by natualisation if she grows up in Britain.

SanDiegogirl

You should read the following Wiki which is part of this forum:

http://britishexpats.com/wiki/Britis...hip_by_Descent

Carefully read the section which refers to children of Citizens by descent, especially those children who themselves have been born outside of the UK.

You say that your child (the british by descent person) has not spent 3 years in the UK to date. I presume this to mean that she has not lived for any extensive time in the UK, and certainly not since February 2012. This will affect whether she can register her Phillipino child.

chubby88

Thanks for the advice, unfortunately the British Embassy in Manila are notoriously very unhelpful and will not allow me to accompany my daughter into the consular section because she is over 18.

chubby88

Thanks and Yes, my granddaughter can become British by natualisation if she grows up in Britain, however do the same 'settlement visa rules' apply for a child as a spouse i.e. does my daughter have to prove income over 18,600 have a job, a house and all the other requirements?

chubby88

Thanks, I have already read the legislation regarding 'British by descent'.

And yes, you are correct, my daughter does not qualify under the '3 years in the UK' and hence cannot register her child as a British Citizen. I just wanted to know my daughter can get a settlement visa for her child and if my daughter has to demonstrate the minimum 18,600 income, house and job ..etc

englishguygoinghome

In this case, no, they do not - the much less onerous chapter 8 is still valid for children who are returning with British Parents. If your daughter had wished to marry and bring the child's father to the UK then the child would have increased the earnings threshold she required to sponsor HIS visa, but the threshold isn't directly linked to the child's visa

see here for the exact rules:
http://www.ukba.homeoffice.gov.uk/po...art8/children/

A couple of other points to note. According to the Philippines Bureau of Immigration (http://immigration.gov.ph/index.php?...=206&Itemid=80) The follow citizenship by blood, not by soil. So being born in the country does not give citizenship to your daughter. As a very catholic country it may be that for a child born out of wedlock the father is not recognised automatically and your grandchild therefore will not have acquired Filipino citizenship. You need to check that assumption and find out what the case is with unmarried parents.

You may have a decision to make:

1. Go through whatever process is necessary (if one is needed) to recognise the father of the child and gain Filipino citizenship
2. Not recognise the father thus leaving the child stateless at which point they may be able to get a British passport immediately

Option 1 may mean that you then also need the father's formal permission to bring the child to the UK
Option 2 will make the child a citizen by descent. Residing in the UK for 3 years on a visa and then registering which would give citizenship otherwise than by descent.

pennylessinindia

I would suggest that your daughter approaches them as this is a complex situation. They would be correct to treat your daughter as an adult, given she has a child and is over 18. People often describe things as notoriously this and that but when it comes to an individual case it is not so.

englishguygoinghome

All I can say is that for the one contact I have had with the embassy in Manilla, which was with the visa section they were extremely friendly and helpful.

chubby88

Many thanks for that. I was always under the impression that the Philippines adhered to 'jus soli' i.e. a person born in the Philippines automatically got Philippine Citizenship, it would appear that I am wrong.

My grandaughter's birth certficate does not have the name of the father because the 'office of the civil registrar' would not include him because they are not married despite a section on the document for the father to admit paternity (and he was willing to do so).

So as advised a trip to the British embassy in Manila to try and plead 'stateless'.

Once again, thank you and the other very helpful posters. Very much appreciated. I will keep you informed. Kind regards, Marcus.

chubby88

Thanks, my experience of the Visa section was horrendous albeit many years ago whilst trying to get my wife a visitor's visa (and Yes, I was very polite).

But we will go the Consular section as advised. Thanks again for your valuable help.

chubby88

There is a 6 week wait before the first available appointment in the consular section ! unbelievable !

englishguygoinghome

Looking at this page:
http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/
it would seem that the child has a right to be registered as a citizen. Why not try filling in Form MN1 and explaining the fact that the Phillipinnes refuse to provide citienship as you are not married to the father, therefore the child is stateless.

Your other option if you want to go back to the UK could be to get a stateless person's travel document for th child, apply for a visa based on that and then register as a citizen after 3 years residence which would give the child citizenship otherwise than by descent. Not sure whether that would be possible though.

pennylessinindia

why not take the appointment, as this will go quickly. In the mean time get your daughter to email them and give full details of her situation and ask if they can look into the matter urgently, if she thinks it does need looking at sooner! She could address it to the head of mission explaining how concerned she is?
If for some reason your daughter is incapable of doing this you could to tell them so
Was the baby really born in 2012 or 2013? has she registered the baby. It is not clear from the dates given but is she now in the Philippines illegally?