mfncl

Hi,

Searched and couldn't find a scenario that covers the wife and I's situation, thus posting a new one.

We are both British and living in the US (since 2014, before then were UK resident), and are expecting a child in October.

The child will be a US citizen by birthright - that part is straightforward.

Looking into it, the UK citizenship piece not so much. My wife and I were both born in Germany (my wife born in an HM forces hospital under parents stationed in the military in Germany, myself born in a civilian German hospital).

As I understand it, this means that as we (the parents) are British by descent - it seems HM military bases are not considered 'Overseas Territories', which would be required to be considered British otherwise than by descent.

Would our child still have a right to British citizenship at birth?
Any insight much appreciated - thanks all.

Vexcore

Hmmm been a while.

I think your child, should apply for a German Passport no? and keep the usa passport.

The British Citizen Question though, i don't think your child can get it, as you are by decent not by birth.


i could be wrong.


Wait for Brit In Paris, to reply he knows his shit.

quiltman

My youngest brother was born overseas whilst my father was serving in the RAF and he was registered as British from day one. I thought any child born overseas to a serving parent who is a UK citizen is themselves British.
As vexcore says, wait for BIP to come along. He has the answers!

Pulaski

My understanding is that anyone who is born overseas to a British parent who is working overeas in (British) government service (most commonly in the military or the diplomatic service, but pretty much any other roll working for the government) is "British other than by descent", therefore your wife can pass on British citizenship.

Novocastrian

I agree with you (FWIW).

Vexcore

I think its this...


if your born in UK? you can pass your citizenship to your child if they are born out of the UK.



BUT


if your born out of the uk and claimed British citizenship then you have a baby that is born out of the uk ? that would be a different result i think.


This guy says he was born in Germany and claimed British citizenship. then he has a child that is born out of the uk but wants to get the baby a British passport? even though himself was never born in the UK?


0_o

RIGHT????

if all else fails just get a German and usa passport.

British passport will be different soon *due to brexit lol*

Pulaski

Sorry, I find your post fragmented - it looks like you might have quoted text from somewhere else. But if you're saying that someone who is British by descent and working for the British government overseas can't pass on British citizenship then that is incorrect. Any British citizen working overseas for the British government passes on British citizenship to their children, who are "British other than by descent" - the reason being that for a British citizen, working for the British government overseas puts them in the position of being as if they were in the UK for the purposes of passing on citizenship.

Novocastrian

"This guy" explained the facts. He is British by descent and can't pass on citizenship to his child not born in he UK, but his wife is a British citizen otherwise than by descent because her parents were in crown service (the military) when she was born in Germany and therefore can pass on British citizenship to her child.

Gozit

Yep.... The child will be American by birthright, UK by descent through your wife, and since you were born in a German civilian hospital possibly German by descent through you. I would explore this option as an additional EU citizenship isnt a bad thing to look into right now due to Brexit. Have you ever held a German passport?

Novocastrian

I'm not up to date at all on German citizenship rules (where is BiP?) but when I last lived there in 1992, being born there didn't confer citizenship, you had to have a German parent or grandparent. I know the rules have changed since then but I don't know the details.

Vexcore

No it wasn't


There you go,


i miss read that. but there you go.


Problem solved.

Gozit

Yeah, thats why I said maybe. I am not sure either. Was hoping someone like BiP would come along

Although perhaps he lived there long enough to naturalise, or his parents naturalised?

mfncl

Thanks for all the detailed thoughts so far - this is a great help.

Good to know, thanks - this makes sense.

After my child is born, what paperwork should I file to obtain the UK passport? My wife's birth certificate indicates her birth at the HM forces hospital - is this adequate evidence of her status as a British Citizen otherwise than by descent?

Based on the following wiki - I also may be able to register the child as a UK national having spent more than three years in the country:

https://en.wikipedia.org/wiki/Britis..._law#From_1983

Where the parent is a British citizen by descent additional requirements apply. In the most common scenario, the parent is normally expected to have lived in the UK for three consecutive years and apply to register the child as a British citizen while the child is a minor (clause 43, Borders, Citizenship and Immigration Act 2009, effective from 13 January 2010). Prior to this date, the age limit was 12 months.

However, as I understand it this would effectively be 'registering' the child as a citizen and is costly (985 GBP application), unlike the mother passing British citizenship to the child by descent, which is inherited and automatic.

Interesting point regarding German citizenship. I never held a German passport as in those days that meant two years of mandatory military or civil service after finishing school (Merkel recently removed that requirement).
Also, even if I had German citizenship to pass on to the child - Germany in general does not allow dual citizenship with non-EU countries unless an exceptional reason can be provided.

Gozit

Registering would be a pointless waste of money. British citizenship is automatic through the mother in your situation. Meaning the child has to undertake zero action to obtain citizenship. You can apply for a British passport immediately when s/he is born.
Just because you never held the passport doesn't mean you aren't a citizen... You might have dodged some military service bobs there

And, yes they do when the citizenship is by birth or descent - although if/when you naturalise as an American you would have to apply to the German embassy to retain German citizenship BEFORE you naturalise as an American. I am not 100%, but I think if you get German citizenship for your child, then subsequently you naturalise as an American and lose German citizenship, your child still keeps it, since s/he would not be naturalising, s/he gets it by birth. Embassy and Consulates General of the Federal Republic of Germany in Canada - German Canadian Dual Citizenship by Birth
Embassy and Consulates General of the Federal Republic of Germany in Canada - Dual Citizenship

(The links are for the German representation in Canada but the law applies in the US too)

Pulaski

I might be wrong in my memory, but under some circumstances I think that taking the extra step can get the child British citizenship "other than by descent", which is obviously more valuable than citizenship by descent. Hopefully if BiP shows up he can expand on this, or correct me.