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Old 02.06.2015, 00:55
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UK passport for baby born to a UK citizen by descent

Hello all,

My mum was born in the UK, I hold a UK passport by descent and married to a non EU on b permit, if my wife gives birth here in Switzerland, would my baby be eligible for a UK passport by descent too by 2nd generation descent?
Getting mixed information on different websites.

According to section3(2) in the below website, my baby will be eligible.

http://britishexpats.com/wiki/Britis...or_my_child.3F


Not sure about the gov website though
https://www.gov.uk/get-a-child-passp...d-reproduction

Anyone been in this situation?
Or should she just go and give birth in the UK to avoid hassle down the line ?
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Old 02.06.2015, 02:19
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Re: UK passport for baby born to a UK citizen by descent

Briefly, unless someone else adds to this threads.

I did not read up on your attached links.

I suggest you contact whatever is the necesary UK Gov. government department for clarification.

I only recall there was lesser entitlement in the case of women, or in case of non marriage.

For me always I had read so much in the relation to people living together & not marriage, how careless they had been in their children for entitlement for passports etc
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Old 02.06.2015, 09:27
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Re: UK passport for baby born to a UK citizen by descent

Your first link hasn't been updated since 2012 so the rules look like they have changed.

The answer seems to be no I'm afraid. Questions entered for your child.

https://www.gov.uk/check-british-cit...ary-1983/no/no

And this answer is given when answering yes to the third question:

You might be a British citizen
In most cases you’ll be a British citizen ‘by descent’. This means you can gain citizenship from one of your parents, but your own children won’t automatically become British citizens.

https://www.gov.uk/check-british-cit...ry-1983/no/yes

I would assume if she gives birth here the child would take her nationality as neither British nor Swiss would be possible.

To be sure of British nationality the child should be born in the UK if that's possible to arrange. However, she will not be able to "just go and give birth" in the UK. As a non-EU national living in Switzerland she'll need an EEA family permit to enter the country and I don't know if she would be able to do this independently of you travelling with her.

https://www.gov.uk/family-permit/overview

As the UK is not part of Schengen her Swiss permit does not apply for UK travel purposes.
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Old 02.06.2015, 10:59
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Re: UK passport for baby born to a UK citizen by descent

If you are born outside Britain and if your child is born here, it will not receive British citizenship. You can apply for it, by proving you visit the UK regularly, and have strong ties to the UK, it takes around 9 months....

Would your child be eligible for citizenship in your wife's country? Otherwise your child will be stateless, and you won't be able to travel away until citizenship has been obtained, and a passport issued.

In your situation I would contact the British Embassy in Bern as soon as possible, https://www.gov.uk/government/world/...-embassy-berne
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Old 02.06.2015, 14:05
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Re: UK passport for baby born to a UK citizen by descent

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Hello all,

My mum was born in the UK, I hold a UK passport by descent and married to a non EU on b permit, if my wife gives birth here in Switzerland, would my baby be eligible for a UK passport by descent too by 2nd generation descent?
Getting mixed information on different websites.

According to section3(2) in the below website, my baby will be eligible.

http://britishexpats.com/wiki/Britis...or_my_child.3F


Not sure about the gov website though
https://www.gov.uk/get-a-child-passp...d-reproduction

Anyone been in this situation?
Or should she just go and give birth in the UK to avoid hassle down the line ?
Section 3(2) of the British Nationality Act 1981 remains in force, so while the child of a British citizen by descent born outside of the UK is not a British citizen at birth, he/she does have an entitlement to registration as a citizen *if* the citizen-by-descent parent was born to a citizen-otherwise-than-by-descent (which seems to be the case in this instance as the OP's mother was UK-born) *and* the citizen-by-descent parent lived in the UK for a continuous 3 year period (with no more than 270 days' absence) at some point before the child's birth. A child thus registered becomes a British citizen by descent and would therefore not be able to pass on citizenship to children of his/her own born outside the UK.

Note that there is also a provision under Section 3(5) of the BNA 1981 for the non-citizen child of a British citizen by descent to be registered as a citizen at the end of three years' residence with his/her parents in the UK. In this case, the child would become a citizen otherwise than by descent and would automatically pass on British citizenship to his/her own children born outside of the UK. So if there is a good chance that the OP will returning to the UK in the near future, this might be worth considering.

Note, too, that in both cases, the registration must take place while the child is still under 18.

All of this spelled out in the relevant official guidance:

https://www.gov.uk/government/upload..._June_2015.pdf

Would the child automatically obtain the nationality of your non-EU wife? If not, he/she could technically be stateless at birth, though the entitlement to registration as a British citizen provides some recourse for that ...
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