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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7724
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I want t ask a british passport for a baby with a british

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Hello
I want t ask a british passport for a baby with a british dad and a jordanian mom who was born in Jordan.

Hi,

Thanks for your question.

Where and when was the child born?

How did the father obtain UK citizenship please?

Tom

Customer: replied 3 months ago.
The child was born 5/9/2018
The dad got he passport from his dad who is originally Jordanian but got the British passport through naturalization after working many years as a doctor in UK

Okay.

Where and when was the father of the child born please?

Tom

Customer: replied 3 months ago.
The father was born 5 December 1978
Customer: replied 3 months ago.
in Jordan and the mom is Jordanian
Customer: replied 3 months ago.
hello are you here?

Okay.

Was father of the father of the child (ie. the child's grandfather) a UK citizen when the father of the child was born?

Customer: replied 3 months ago.
he was
Customer: replied 3 months ago.
Those could help

Okay.

Has the father of the child - at any period of time in his life - lived in the UK for three continuous years without leaving for more than 270 days within that three year period?

Tom

Customer: replied 3 months ago.
when he was young he did live there for 3 years

Drafting your answer.

Customer: replied 3 months ago.
ok thanks we also have the certificate of naturalization for the grandfather

Hi

Thanks for your question. I will try to help.

The child is not automatically entitled to as UK passport because they are not automatically a uk citizen in these circumstances.

This is because the father has UK citizenship “by descent” from his own father because he was born outside the UK. Citizenship can only descend one generation and because it has already descended once (from the grandfather to the father) it cannot now descend again to a child born outside the UK.

The only way that you might be able to get citizenship for the child at this moment in time, is by applying to register the child first as a UK citizen. This is different to automatically getting it.

If the father were able to prove that he spent three years in the UK without leaving for more than 270 days within those three years then you would likely be able to make an application under s3(2) of the British nationality act.

Please refer to the section titled “The law in relation to section 3(2)” at page 13 of the guidance:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/680291/Registration-as-a-British-citizen-children-v2.0EXT.pdf

You will see that it is possible that you might be able to apply in these circumstance under s3(2).

You will have to apply using form MN1 with the appropriate evidence and details of the form and guidance are here: https://www.gov.uk/government/publications/application-to-register-child-under-18-as-british-citizen-form-mn1

If you are successful in obtaining a certificate of registration as a UK citizen then you can then use this certificate to apply for the child’s passport.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 3 months ago.
if we register the baby as a british citizen first we can then apply later for the passport
Customer: replied 3 months ago.
Can I ask another question if the mom and dad are newly married
Dad british by naturalization he lived and work
Mom from her father
can the baby get the passport if he is born outside the UK

Hi,

If you register the child as a british citizen in the above mentioned way the you can apply for a passport after you have been sucessfull in applyiny for registration.

In the second scenario, the child would be automatically entitled to UK citizenship if the child's father had naturalised as a UK citizen before the cihld was born.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 3 months ago.
Even if the child is born outside the uk

In the second scenario, yes. Because citizenship is allowed to descend once to children born outside the UK

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 3 months ago.
Do you have the law for the second scenario as I was going to come to UK to deliver but I will no longer come and i was to guarantee that as my husband lives in bristo but currently has work outside

The law is a.2(1) of the British Nationality Act 1981.

However, it only works if the father has uk citizenship "otherwise than by descent". This includes naturalization but I restate it because you original seemed to indicate that the father was British by descent, which he would be if he were born outside of the UK,

Please leave feedback now, you will agree I have answered your original inquiry

Tom

Customer: replied 3 months ago.
for my first question father was by decentthe second question by naturalization

If the father was by descent then you must apply for registration for the child first. Then apply for a passport.

If the father was a UK citizen because he naturalised himself as a UK citizen then the child is automatically a UK citizen and you can apply for his passport without first applying for registration .

Please leave feedback
Tom

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