babys nationality?

[mike25]

hello everybody pls try to understant my spelling and gramar. i have a problem my wife is 2 months pregnant both of us are filipino nationals we are settled hir in the united kingdom. i have a indefinite leave to remain visa< permanet residence> i have live hir in the uk for nearly 4 yrs now. i got my residence visa. because my father is naturalize british and he got his british passport. and i petition my wife for her to join me in uk which she wast granted spouse visa and now she is pregnant and i wast just wondering will my baby be a british citizen or filipino citizen? i hope everybody understand me sory for the wrong spelling i hope somebody can help me thank you so much :)

[JimOttley]

hello everybody pls try to understant my spelling and gramar. i have a problem my wife is 2 months pregnant both of us are filipino nationals we are settled hir in the united kingdom. i have a indefinite leave to remain visa< permanet residence> i have live hir in the uk for nearly 4 yrs now. i got my residence visa. because my father is naturalize british and he got his british passport. and i petition my wife for her to join me in uk which she wast granted spouse visa and now she is pregnant and i wast just wondering will my baby be a british citizen or filipino citizen? i hope everybody understand me sory for the wrong spelling i hope somebody can help me thank you so much :)

British Citizen if born in the UK I think, indeed I'm pretty sure about that.

More of a problem might be your baby's Filipino nationality I would hope that he or she could get that as well but I'm really not sure.


Jim

[bornatbirth]

what passports do you both hold?

[JimOttley]

hello everybody pls try to understant my spelling and gramar. i have a problem my wife is 2 months pregnant both of us are filipino nationals we are settled hir in the united kingdom. i have a indefinite leave to remain visa< permanet residence> i have live hir in the uk for nearly 4 yrs now. i got my residence visa. because my father is naturalize british and he got his british passport. and i petition my wife for her to join me in uk which she wast granted spouse visa and now she is pregnant and i wast just wondering will my baby be a british citizen or filipino citizen? i hope everybody understand me sory for the wrong spelling i hope somebody can help me thank you so much :)


This is from Wikipedia but as ever is not a guaranteed reference

http://en.wikipedia.org/wiki/British_nationality_law#British_citizenship_by_birth_in_the_United_Kingdom


British citizenship by birth in the United Kingdom
Under the law in effect from 1 January 1983, a child born in the UK to a parent who is a British citizen or 'settled' in the UK is automatically a British citizen by birth.
Only one parent needs to meet this requirement, either the father or the mother.
"Settled" status in this context usually means the parent is resident in the United Kingdom and has the right of abode, holds Indefinite Leave to Remain (ILR), or is the citizen of an EU/EEA country and has permanent residence. Irish citizens in the UK are also deemed to be settled for this purpose.
Special rules exist for cases where a parent of a child is a citizen of a European Union or European Economic Area member state, or Switzerland. The law in this respect was changed on 2 October 2000 and again on 30 April 2006. See below for details.
For children born before 1 July 2006, if only the father meets this requirement, the parents must be married. Marriage subsequent to the birth is normally enough to confer British citizenship from that point.
Where the father is not married to the mother, the Home Office will usually register the child as British provided an application is made and the child would have been British otherwise. The child must be aged under 18 on the date of application.
Where a parent subsequently acquires British citizenship or "settled" status, the child can be registered as British provided he or she is still aged under 18.
If the child lives in the UK until age 10 there is a lifetime entitlement to register as a British citizen. The immigration status of the child and his/her parents is irrelevant.
Special provisions may apply for the child to acquire British citizenship if a parent is a British Overseas citizen or British subject, or if the child is stateless.
Before 1983, birth in the UK was sufficient in itself to confer British nationality irrespective of the status of parents, with an exception only for children of diplomats and enemy aliens. This exception did not apply to most visiting forces, so, in general, children born in the UK before 1983 to visiting military personnel (eg US forces stationed in the UK) are British citizens by birth.

[JimOttley]

Sorry Mike, I should have said welcome to the forum, good to have you and you wife here and I am sure that you will find lots of good advice here (I'm not saying mine is good but I hope it is :D)


Jim

[GaryFifer]

It will say made in Britain with foreign parts on his puwit ;)

Once you become a British citizen, that will pass onto him. He will be entitled to British nationality.

Suwerte!

[JimOttley]

It will say made in Britain with foreign parts on his puwit ;)

Once you become a British citizen, that will pass onto him. He will be entitled to British nationality.

Suwerte!

He has ILR already so he is settled by the definition in that Wiki article, from that his "unborn" not yet "boy" or "girl" :D baby should be British :D

I hope am I am not wrong in this.

Jim

[scottishbride]

Welcome to the forum!

[AyinX]

hi there!

They're right, the baby should be a British citizen if born in the UK. :)

We have the same situation, although our son was born here in the Phils so he is Filipino. :)

[estherboaz]

WILL A CHILD WHO IS BORN IN THE UNITED KINGDOM ON OR AFTER 1 JANUARY 1983 BE A BRITISH CITIZEN? (SEE CHART A)
A child will be a British citizen when he or she is born if one of his or her parents (see Note 4) is:
•a British citizen (it does not matter how the parent concerned became a British citizen), or
•settled in the United Kingdom (see Note 5)
If neither of the child’s parents is a British citizen or settled in the United Kingdom, then the child will not be a British citizen when he or she is born.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn1.pdf?view=Binary

[jane2009]

If you are a british citizen then your baby should be entitled a british citizen....even if he is born in the philippines he is entitle to get a british passport and the same time he is allowed to get philippine passport...my son was born in NY, he has american passport at the same time we get him a british passport because his father is british citizen...its not a problem...

[AyinX]

hi there!

They're right, the baby should be a British citizen if born in the UK. :)

We have the same situation, although our son was born here in the Phils so he is Filipino. :)

.. just to clarify our situation in case it will confuse anyone:

- I am Filipina (of course :))
- My husband is BRITISH CITIZEN by descent ( Filipina mom and British dad, AND he was born here in the Philippines)
- Our son was born here in the Phils ( so he is not entitled to a British passport)

If ever i'll get pregnant and have the baby in the UK, the baby WILL be entitled to a British passport and citizenship. :xxgrinning--00xx3:

This was the explanation given to us by the British embassy when we tried to apply a british passport for our son before.. :)


If i understood mike25 correctly, we're in (almost) the same situation, since he has permanent residency (father's british, and I assume he is too) and his wife will have the baby in the UK, the child is entitled to a british passport. :)

[jane2009]

.. just to clarify our situation in case it will confuse anyone:

- I am Filipina (of course :))
- My husband is BRITISH CITIZEN by descent ( Filipina mom and British dad, AND he was born here in the Philippines)
- Our son was born here in the Phils ( so he is not entitled to a British passport)

If ever i'll get pregnant and have the baby in the UK, the baby WILL be entitled to a British passport and citizenship. :xxgrinning--00xx3:


If i understood mike25 correctly, we're in (almost) the same situation, since he has permanent residency (father's british, and I assume he is too) and his wife will have the baby in the UK, the child is entitled to a british passport. :)

If your husband is british citizen then your son is eligible to get a british passport...my son was not born here in uk but he has a british passport because his dad is british citizen...just take a look on this website...

http://www.ukba.homeoffice.gov.uk/britis…
http://www.ukba.homeoffice.gov.uk/britis…


Children born abroad to parents who are British by descent and who are now living in the United Kingdom - section 3(5) application
British citizen


This page explains how a child born outside the United Kingdom who has lived here for the last three years with his or her parents can be registered as a British citizen.

A child will have an entitlement to be registered under section 3(5) of the British Nationality Act 1981 if:

■they were born outside the United Kingdom; or
■they were born after 21 May 2002 outside any of the British overseas territories; and
■they were born to parents who are British citizens by descent; and
■the child and their parents have lived in the United Kingdom (or British overseas territory if born after 21 May 2002) for a three year period ending on the day we receive the application; and
■the child and their parents have been present in the United Kingdom (or British overseas territory) at the start of that period; and
■the child and their parents have not been absent from the United Kingdom (or British overseas territory) for more than 270 days during that period. There is no discretion to ignore absences greater than 270 days; and
■both parents consent to the child being registered as a British citizen (unless they are unable to due to death).
If the parents' marriage or civil partnership has ended or they are legally separated, only the child and one parent need to satisfy the residence requirement.

A child registered under this section will become a British citizen otherwise than by descent and will be able to pass British citizenship on automatically to any of their children born outside the United Kingdom.

[AyinX]

oh, yes. I am aware of that Jane. Thanks for the additional info. :)

But right now, my son and I are still here in the Philippines and we're just about to apply for settlement visa next week. So hopefully once we're able to join my husband in the UK and live there for 3 years, my son will be british citizen by then. :)

[James Hubbard]

oh, yes. I am aware of that Jane. Thanks for the additional info. :)

But right now, my son and I are still here in the Philippines and we're just about to apply for settlement visa next week. So hopefully once we're able to join my husband in the UK and live there for 3 years, my son will be british citizen by then. :)

oh, good luck on that by the way Ayin :) Hope it gets approved very soon :) :xxgrinning--00xx3:

JH

[AyinX]

oh, good luck on that by the way Ayin :) Hope it gets approved very soon :) :xxgrinning--00xx3:

JH

Thanks! :D

[jane2009]

oh, yes. I am aware of that Jane. Thanks for the additional info. :)

But right now, my son and I are still here in the Philippines and we're just about to apply for settlement visa next week. So hopefully once we're able to join my husband in the UK and live there for 3 years, my son will be british citizen by then. :)

you're welcome......remember when your son have a british passport he is also entitled with child benefits...hehhehe....good luck ....

[AyinX]

you're welcome......remember when your son have a british passport he is also entitled with child benefits...hehhehe....good luck ....

i will keep that in mind.. :xxgrinning--00xx3::icon_lol:

[Arthur Little]

:Hellooo: A belated Welcome to you, Mike ... I can see you've received some excellent advice already!

[Arthur Little]

And Good Luck with the Settlement Visa applications on behalf of you and your son, Ayin! :xxgrinning--00xx3:

[Florge]

when you get your British citizenship, will you also retain your Filipino citizenship (dual citizenship)? Your answer to this question will determine your child's citizenship (under RA 9225)

please see this link: http://www.gov.ph/index.php?option=com_content&task=view&id=2000149&Itemid=40

[AyinX]

And Good Luck with the Settlement Visa applications on behalf of you and your son, Ayin! :xxgrinning--00xx3:

thanks arthur! :D