Thursday, 9 April 2015

Why are some parents being told “Your child was born British” while others - “You can register your child as British”?

What‘s the difference between being ‘born British’ and ‘not British but can be registered’? We have so many enquiries about the children who were born in the UK to the foreign parents. The parents usually hope to hear “Your child is British because he/she was born in the UK”. Unfortunately, this would have been the wrong answer! Being born in the UK (as from 1 Jan 1983) does not make a person automatically British. Yet some children are born British, others can be registered and others have to wait until their parent(s) become British.

If your child was born in the UK on or after you have had your Indefinite Leave to Remain (ILR) or permanent residency status under the European law. In case of the European law, there is usually no need to formally make an application for this status but enough to just qualify for it (but not in all cases). So, if at least one parent has a permanent residency status first, then a child born after that point will be British by birth. It means you can apply straight for a British passport (passport book).

If your child was born in the UK before you had your permanent residency status. In this case your child is not British at birth, however, once at least one parent has permanent residency status, a child can be registered as British. ‘Registered’ means submitting an application to the UK Visas and Immigration, paying a fee (currently approx £650) waiting for a decision, obtaining an official certificate (proving British Citizenship) and then applying for a British passport (passport book).

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training