new_look

I came to UK for visit 2 times in 80s and 1991 for year to study on student visa.

Will they treat my baby application being born in UK on my current states which British citizen by descent, or they will look in the past and looks if baby is entitled or not based on the previous history which I believe its not valid since the day I granted the registration certificate as British Citizen from HM !

I will be renting flat for 4 months during the delivery of my baby.

HKG3

In order to register as a British Citizen under section 4B of the British Nationality Act 1981, the OP would have been holding a form of British nationality (in his case, British Overseas Citizen) with no other form of nationality.

https://www.gov.uk/government/public...ality-act-1981

Unless the OP acquire another nationality after his registration under section 4B, the OP should not have any other nationality to pass on to his child.

HKG3

What I think BiP has in mind is section 3(5) of British Nationality Act 1981. If one of the parent, who is a British Citizen by descent, stayed in the UK for a period of three years or more with no absent from the UK for more than 270 days before the birth of the child can register the child as a British Citizen by descent.

Has the OP consider getting his wife to give birth in Northern Ireland in order to get Irish citizenship for his child?

new_look

Dear HKG3

Thank you for your feedback and reading my concern points...

Maybe I think you are pointing at if the baby born out of UK this rules which you mention 3(5) was done it could give the baby registration out of UK

But my plan is to travel to UK with my wife and give the birth in UK, will this still be barrier and point not to get passport for my baby born

Thank you

HKG3

The simple answer to that question is yes. Please see section 1(1)(a) of the British Nationality Act 1981.

British Nationality Act 1981

My suggestion is that your wife should give birth in Northern Ireland so that the baby will also have Irish citizenship as well.

SanDiegogirl

In the following website:

https://www.gov.uk/register-british-...-uk-after-1983

it states:

5. Born in the UK after 1983
You’re automatically a British citizen if you were born in the UK after 1 January 1983 and 1 of your parents was a British citizen or settled here at that time. You don’t need to register.

The statement does not say that this situation does not apply where the British citizen is British by descent. (which the OP is)

Therefore, if the OP returns to the UK and his wife gives birth there I don't see why the child would not have British citizenship.

BritInParis

If your child is born in the UK then he or she will automatically be a British citizen. The fact that you are not permanently resident in the UK is irrelevant; in fact you don't need to present in the UK at all.

If your child is born in the UAE and would otherwise be stateless then you can apply to have him or her registered as a British citizen at the Home Secretary's discretion under Section 3(1). This would give the child British citizenship by descent. The application process is likely to take several months.

If you choose for your wife to have the child in the UK then bear in that you will need to bear all the costs of the delivery - she would not be entitled to free care on the NHS as a visitor. If you are happy to do this and your wife has already been granted a visitor visa for the UK then this would be the best solution.

I would also recommend your wife gives birth in Northern Ireland as this would entitle your child to both British and Irish citizenship and therefore they would still have EU citizenship even after the UK leaves the EU. Irish citizenship can also be passed on indefinitely down the generations unlike British citizenship.

new_look

Dear BritInParis

Thank you for this extreme full details answers and information.... actually it covers all my concerns...

Just last question dear

Since i was BOC previously and currently i am British Citizen

Dose the BOC still valid and has impacts on my nationally statues as british citizen ?

Thank you dear

BritInParis

No. You are now only a British citizen. The only thing that impacts your status is that as you registered under Section 4B you are considered a British citizen by descent rather than otherwise than by descent which is why you cannot pass on your citizenship automatically to children born outside the UK.

scot47

So off to Belfast to have the baby. Good luck. My grand-daughter too is an Irish citizen (with dual nationality).

new_look

Excellent clarification and information BritInParis !!!

You know - you gave me the answer for my concern which I was worried about.

You should work as adviser dear..

I have made my married certificate translated into English with attestation by the UAE authority, will they need anything extra documents you think ?

Thank you

BritInParis

For the baby's passports? You'll just need the baby's birth certificate and your S.4B registration certificate. I would apply for both the British and Irish passports if your wife gives birth in Northern Ireland as it will then just be a matter of renewing them at a later date.

new_look

Thank you dear

Same required will cover the Irish passport issuance ?

Or need extra documents

BritInParis

Just the child's birth certificate and your British passport.

Passports for children