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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I´m a british citizen who lives abroad. I´m now pregnant and

Resolved Question:

I´m a british citizen who lives abroad. I´m now pregnant and would like to know my options for my child´s future. I´m not sure which is the best option for me in terms of giving birth in Ecuador and apply for my child BC by descent or give birth in the UK where he/she will get BC straight away.
Can I apply for my child´s BC by descent if only me (the mother) is BC and not my husband. Would this make it difficult when applying for BC by descent?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Gissela, you would be best advised to have the birth in the UK. This is because the child automatically gets British citizenship by descent if your child is born in the UK. If the child is born in Ecuador, then you will have to have spent three years in the UK as well as register the birth before the child is 18 in order that the child gain British citizenship.

Expert:  Buachaill replied 10 months ago.

2. This three year period of residence can either be the three year period before the birth or the three year period before the registration of the birth is made. So you need to be able to live in the UK if you wish to get your child citizenship, whether before the birth for three years or for a three year period before the child is 18.

Expert:  Buachaill replied 10 months ago.

3. However, you can apply for UK citizenship by descent when only you, the mother, has British citizenship by descent, and the father does not hold UK citizenship at all. Citizenship now passes via the female line as well as through the male line.

Expert:  Buachaill replied 10 months ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 10 months ago.
thanks for your response...
I have lived in the UK for 12 years before coming to Ecuador in 2011 .. will that count as the 3 years your mentioned ?
Customer: replied 10 months ago.
is there any chance I´ll get the application (BC by descent for my child) refused? and if so on what grounds?
Customer: replied 10 months ago.
I gather that the application MN1 if very lengthy and I think it is required that you intent to live in the UK, and need to proof this.. is this correct?......
Expert:  Buachaill replied 10 months ago.

5. Three years up to 2011 does not count. They need to be the three years before the birth. Secondly, you will not get your British citizenship application refused if the child is born in the UK. Alternatively, you need to spend three years in the UK before the birth or before the child is 18.

Expert:  Buachaill replied 10 months ago.

6. You don't need to show you intend to live in the UK, for your child to get UK citizenship. That is not correct. the only rules are the ones I have outlined here.

Customer: replied 10 months ago.
If I decided to give birth in the UK would they (passport office) question if the father is not present for the birth registration? can I put my husband´s name in the birth registration? or what proof would I need to present?
Customer: replied 10 months ago.
You mentioned this " This is because the child automatically gets British citizenship by descent if your child is born in the UK"
I gather from all the information I've read that if you are born in the UK you get BC (NOT by descent) this (BC by descent) only applies if the child is born abroad to a British parent.. am I correct?
Expert:  Buachaill replied 10 months ago.

7. The passport office has no role in the registration of the birth in the UK where your child is born in the UK. Anyway, it makes no difference if the father is present or not. You can still register his name on the birth certificate. Secondly, you are confusing what British citizenship by descent is. It makes no difference where you are born. If you are born to a British citizen parent who has held citizenship since birth, then you obtain citizenship by descent.

Customer: replied 10 months ago.
Can you tell me roughly what are the fees for applying to BC by descent (if my child is born abroad)? and where should I submit the application if I choose this pathway..?
Expert:  Buachaill replied 10 months ago.

8. Here is a link to the addresses to which you send your application form if your child is born abroad. The address varies depending on where you are. https://www.gov.uk/register-british-citizen/where-to-send-your-application. The fee is GBP 936 for each child.

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