silent.moment

Hello all,

i am a father from Saudi Arabia, the mother was born in the states and has a British citizenship. if we born our child in the states would automatically get a British passport or not.

when i was reading in the uk.gov website i got confused about "by decent" and more details.

can someone help

Thank you in advance.

scot47

The child will be entitled to US citizenship if born in the USA. The position with UK citizenship is more complex.

BritInParis

How did the mother acquire her British citizenship?

SanDiegogirl

Sounds like mother is British by descent (she was born in States but has acquired British citizenship).

If correct, then child does not automatically obtain British citizenship.

More info required as to mother's history.

silent.moment

The mother got her British citizenship from her father...

can you give me more details about the meaning of by decent?

BritInParis

Can you be more specific? Was she born outside the UK? Was her father already a British citizen was she was born?

Broadly speaking 'by descent' means that you are born outside the UK to a British parent and 'otherwise than by descent' means that you are either born in the UK or are naturalised as a British citizen. The former doesn't normally permit you to pass on your citizenship automatically whereas the latter does.

HKG3

If your wife is planning to travel overseas to give birth, I would suggest that she goes to Northern Ireland. A child born in Northern Ireland with a British Citizen parent is entitled to an Irish passport. This is something useful to have after Brexit.

silent.moment

yes her dad was a British when she was born in the US

BritInParis

Unless her father was in Crown service or similar when she was born then any children of hers born outside the UK will not automatically be British citizens. She would need to give birth in the UK for her children to automatically be British.

silent.moment

If she born in the UK can she claim a child benefit and housing benefit if I the husband come to the UK on a spouse visa?

Also once I get a spouse visa on my passport is there a time limit to enter the UK or I can enter whenever I want?

SanDiegogirl

For you to enter the UK on a spouse visa, your British wife will have to sponsor you.

She will have to fulfill financial obligations and either have to be earning 18,600 GBP per annum or, if no income 62,500 GBP to prove she can support you and that you don't get public funds.

While child benefit is not a public fund, housing benefit is. As she would be earning 18,600 GBP in order to sponsor you for a spouse visa, she will not be eligible for it.

Financial requirements are below:

https://assets.publishing.service.go...ment_Final.pdf


You have 30 days after your visa is issued to enter the UK.

BritInParis

Your wife can claim any benefits she is entitled to once she passes the Habitual Residence Test which usually means a three month wait. In order for you to be issued a spouse visa you will need to meet the financial requirements which will usually mean your wife being in employment earning over £18,600 pa or you have joint cash savings of at least £62,500. This financial requirement is designed to prevent your wife from being eligible for certain benefits like housing benefit.

You can indicate a travel date of up to six months in advance but you will need to enter the UK within 30 days of this date or the date your visa is granted, whichever is later.

spouse of scouse

If your wife met the criteria to receive housing benefit, she would be unlikely to be able to meet the financial requirements to sponsor you for a spouse visa.
She would be able to claim child benefit in her name only, you would not be able to.

Yes, there's a time limit to enter the UK. At the time of applying for a spouse visa you nominate the date you want to enter the UK. That date can be up to 6 months from the application date. You must enter the UK within 30 days of the date you nominated, or within 30 days of the date the visa is granted, whichever is the latter.

spouse of scouse

Listen here, Quick Draw!

silent.moment

for the time limit to enter UK for example i revive my visa on July 1 and in the application i put travel date October 1 so i will have 30 days from October first, am i right ?

for finical proof that what it says in the website look below :

What counts as income
You and your partner can use:

income from employment before tax and National Insurance (check your P60 or payslips) - you can only use your own income if you earn it in the UK
income you earn from self-employment or as a director of a limited company in the UK - check your Self Assessment tax return
cash savings above £16,000
money from a pension
non-work income, for example from property rentals or dividends

im not sure where 62500 GBP came from?

second thing for my wife she doent have to proof finical requirement since i have a UK citizen child lives in the UK also that says in the website.