British By Descent

[caledonia]

Hello all,

I realise this is similar topic to the topic raised by Callum06 a few threads down but just wanted to double check as have been picking up different information from different sources.

A child born in 2007 to a British father and a foreign mother in the foreign country to married parents can apply to register as a British citizen? Is that correct? They complete an MN1 form (or whatever it is called) and submit it to there local embassy?

The father still lives primarily in the UK and has been trying to establish home etc for wife and child to join him and spending months there in between. It struck me however that contrary to the advice he had been given about applying for settlement for his daughter and wife that in fact she (daughter) may be British by birth because he is a) British and was married to her mother when she was born and also even with standing that she was born after 2006.

I am correct here? If so - what length of time does this normally take?

Thanks very much

[ThaiVisaExpress]

Yes the child can apply for a British passport, did you register the birth and the child was born in which country ?

[caledonia]

It's not my child - it's a good friends.

No child wasn't registered with local consualte - reason being the little girl is currently in Afghanistan - bit of an unusual one - Dad is British but of Afghani descent hence the wife and daughter being there.

Not sure if that makes a difference - had just saw some info on an expat forum saying that application for settlement should be applied for then British passport later - that was just generic advice to everyone!

Thanks for the reply!

[ThaiVisaExpress]

If they apply for a pasport the child wont require a visa saving them £600 fo the visa fee.

[7by7]

A child born in 2007 to a British father and a foreign mother in the foreign country to married parents can apply to register as a British citizen? Is that correct? They complete an MN1 form (or whatever it is called) and submit it to there local embassy?

Not quite. As the child was born after 1st July 2006 then she is British, whether her parents are married or not, so there is no need to apply for British nationality as she has it already, So her parents can simply apply for a British passport for her (see here).

Being British she does not, of course, need a visa to enter or live in the UK.

There is a caveat to that.

Is her father British otherwise than by descent? That is did he acquire his British nationality by birth, naturalisation in the UK or (in some, but not all cases) registration in the UK? If so, then the above applies.

However, if he acquired his British nationality by descent, i.e. was born overseas to a British parent, then any child also born overseas will not automatically be British and so will have to apply to the Home Office using form MN1. In which case it would probably be simpler and quicker, albeit more expensive, to obtain a settlement visa for the child and sort out her nationality once in the UK.

See This page and links from it for more information.

See also "Birth registration" from this page of the British embassy in Kabul.

[caledonia]

Thanks everyone - no he is British by naturalisation as a child.

Therefore she is British by birth then - excellent - thought as much but knew the whizzez on here would be able to tell me!!!

[caledonia]

A child born in 2007 to a British father and a foreign mother in the foreign country to married parents can apply to register as a British citizen? Is that correct? They complete an MN1 form (or whatever it is called) and submit it to there local embassy?

Not quite. As the child was born after 1st July 2006 then she is British, whether her parents are married or not, so there is no need to apply for British nationality as she has it already, So her parents can simply apply for a British passport for her (see here).

Thank you very much - didnt notice that was the link to Kabul embassy - Thanks

I assume the first passport application process can take months!!!!

I am reading the blurb on the notes that go with the application and the form seems to note that they require either evidence of her birth registration with the consulate - which was not done - is it too late now? She is 2 years old - or they ask if citizenship is coming through the father than the FULL (their words) marriage certificate is supplied. I thought this was not the case post 2006?

I know for a fact they don't have a marriage certificate as it was a mosque wedding and is traditional rather than ceremonial.

Oh well - I see they suggest calling their number so I will get him to do that - I imagine on a local level they will be aware of this issue.

Thanks again

Edited December 10, 2009 by caledonia

[7by7]

I know for a fact they don't have a marriage certificate as it was a mosque wedding and is traditional rather than ceremonial.

If they don't have a marriage certificate then the chances are they are not legally married!

For example, in Thailand a ceremonial Buddhist wedding is not recognised as a legal marriage under Thai law. To make it legal the couple also need to register their marriage at an ampur and obtain a certificate.

Is it possible that similar rules are in force in Afghanistan?

For the marriage to be recognised by the UK it must be legally recognised in the country where it took place; I would get your friend to check on this if I were you.

It wont make much difference to his daughter, as she was born after July 2006, but it will make a difference to his wife. If the marriage is not legally recognised in Afghanistan then, as said, it is not legally recognised in the UK. So she will be unable to apply for settlement as his spouse.

There would be other routes open to her, but first he must check if they are in fact legally married or not.

[seaeagle]

I know nothing about this, apart from, coincidentally, looking at this very point a few days ago on a FCO website.

Children should be registered a British Citizens in their first 12 months. There seems also to be some additional hurdles to jump if you haven't done this, and you can register them to age 6.

After that - well, I reckon they'll need a fair bit of paperwork to grant it.

Please, though, check my facts with what you can find on the www.

[caledonia]

Thanks again people.

I will see what I can on the web today, he called the number suggested for advice - as it specifically states when applying for a child's first passport to call for advice- however they were about as good as a chocolate firegaurd!! They basically said check out the information on line - which he will do.

His intention has been to bring them here on a settlement visa - and to obviously verufy the marriage situation but for some months now he has has been trying to build up his finances ets (he is self employed) to ensure the best case. The little girl is very unwell however and I think he realises that really she needs to be here sooner rather than later but the only advice Kabul did give is that it is a very lengthy process! Not sure what their definition of lengthy is but hmmm not positive!!

Thanks again though for your input!

[caledonia]

Sorry - another add on from me!! Just wondering whether it is advisable to try and register her as British before applying for the certificate? I see that you can apply at your local embassy or if your in UK (Which the father is) you can send to the Foreigh Office in London.

Just wondered whether this may make the process of getting a passport quicker?

Any thought welcomed!!