In Korea - British by Decent - Baby Passport

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Old Jun 16th 2014, 1:12 pm
  #16  
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Default Re: In Korea - British by Decent - Baby Passport

Originally Posted by englishguygoinghome
Sorry, but no. Once your a citizen by descent, either through registration or at birth then that is it.

If a child is born as a citizen by descent and lives in the UK for three years before having kids of their own, then those kids can be registered as citizens by descent (if their parents want to). That registration requires that one of the childrens grandparents was a citizen other than by descent.

What the effectively means is:
- if you are born as a citizen by descent, then there is no changing that.
- if you are registered as a citizen by descent then there is no changing that later AND you cannot pass on nationality to your kids if they are born outside the UK
- alternatively citizens by descent can choose not to register their kids when they are born but to take them to the UK and register them as citizens other than by descent after 3 years.
Oops got confused there, thanks for clarifying
Am I right in assuming the OP is British by descent because he was born in Canada?

To the OP then, I second everyone who says get the child visa in baby's Canadian / SK passport, then take her to the UK and register as not-by-descent after three years. 855 pounds won't mean anything when/if your grandkids choose to avail of their British nationality...
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Old Jun 16th 2014, 2:58 pm
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Default Re: In Korea - British by Decent - Baby Passport

Gozitan - you have misunderstood the business of "British by descent" and "British otherwise than by descent".

See here
British Citizenship by Descent : British Expat Wiki
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Old Jun 16th 2014, 10:33 pm
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Default Re: In Korea - British by Decent - Baby Passport

Originally Posted by scot47
Gozitan - you have misunderstood the business of "British by descent" and "British otherwise than by descent".

See here
British Citizenship by Descent : British Expat Wiki
OK Got it thanks

My recommendation above still stands - British otherwise than by descent > British by descent, for obvious reasons. I am assuming the OP is a Canadian citizen (not by descent) so the baby should be Canadian by descent therefore allowing the application for a child visa, to then go and live in the UK for 3 years and apply for the child to be registered as not-by-descent
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Old Aug 14th 2014, 6:16 am
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Default Re: In Korea - British by Decent - Baby Passport

Thanks for all the help a while back, procrastination is a bit of an issue with me! and I still have not made a decision.

just wondering..

I am now planning to return to the UK a few months ahead of my family.

When my Korean wife and baby return to the UK her ILR will be close to the 2 year limit. So what would happen at the airport if she returns with the baby and the baby has just a Korean passport without a visa..? Would not the baby get a 6 month visa..?We could sort out nationality ad visas etc from within the UK..
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Old Aug 14th 2014, 2:22 pm
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Default Re: In Korea - British by Decent - Baby Passport

Originally Posted by 4rthur
Thanks for all the help a while back, procrastination is a bit of an issue with me! and I still have not made a decision.

just wondering..

I am now planning to return to the UK a few months ahead of my family.

When my Korean wife and baby return to the UK her ILR will be close to the 2 year limit. So what would happen at the airport if she returns with the baby and the baby has just a Korean passport without a visa..? Would not the baby get a 6 month visa..?We could sort out nationality ad visas etc from within the UK..
No, no, no, no. You need to apply for the child settlement visa from Korea BEFORE the baby gets to the UK. You cannot apply for a visa from within the UK. Baby needs the visa in her passport before she lands at Heathrow or wherever you are landing in the UK.

Since you are a British citizen by descent, the child is not automatically British so cannot be admitted to the UK under the "she's British but no passport" guise.

You need to get on the visa application for the baby as soon as possible. You need to get her a passport, either Korean or Canadian, to get the visa in, then move to the UK, after 3 years register baby as British otherwise than by descent.

HTH
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Old Aug 14th 2014, 2:28 pm
  #21  
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Default Re: In Korea - British by Decent - Baby Passport

Mum is Korean, Dad is British by decent and Canadian by birth.. does that change anything!!?

My wifes family visit the UK all the time, but its a 6 month stamp at the airport.. I was kind of wondering why my baby cant enter the UK on teh same basis at which point we can sort her nationality etc.. Wishful thinking maybe?

THANKS - appreciate your time..
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Old Aug 14th 2014, 2:32 pm
  #22  
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Default Re: In Korea - British by Decent - Baby Passport

Originally Posted by 4rthur
Mum is Korean, Dad is British by decent and Canadian by birth.. does that change anything!!?

My wifes family visit the UK all the time, but its a 6 month stamp at the airport.. I was kind of wondering why my baby cant enter the UK on teh same basis at which point we can sort her nationality etc.. Wishful thinking maybe?

THANKS - appreciate your time..
Definitely wishful thinking. Wife's family visiting is just that. Visiting. You are intending to MOVE your daughter to the UK. That is not visiting and technically breaches the condition of visitor visa.

By far the easiest option for you is to get baby a child settlement visa in a Korean or Canadian passport and bring her to the UK, and after three years of UK residence you can register her as a British citizen otherwise than by descent.
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Old Aug 14th 2014, 2:40 pm
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Default Re: In Korea - British by Decent - Baby Passport

Many many Thanks and understood..
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Old Aug 14th 2014, 5:06 pm
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Default Re: In Korea - British by Decent - Baby Passport

Originally Posted by 4rthur
Many many Thanks and understood..
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