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  1. #1
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    Default Visa for a child

    Hi,

    I've been asked by my wife this question but I can't think of an answer, so I come back to you guys on here again, so...
    My sister in law and her husband are Thai, and have gained British citizenship in 2017 they had a child pre citizenship in 2014 in the UK. The child now 5 lives with the grandparents in Thailand, they now want to bring him here permanently.

    As they are now British, and he was born here in the UK, are they required to go straight to settlement visa route, or can they go for naturalisation? He has never been considered British & left the UK at 6 months old.

    My understanding is if he lived here still then naturalisation is the route but as he has been living in Thailand since 2015, they are required to go settlement visas.

    Am I correct?

    Any help, as always gratefully recieved.

    bubbles

  2. #2
    Forum Regular สมาชิกประจำ
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    I thought if you were born in the UK you were British so you just apply for a passport? Is this not correct?

  3. #3
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    Quote Originally Posted by Bubbles View Post
    My understanding is if he lived here still then naturalisation is the route but as he has been living in Thailand since 2015, they are required to go settlement visas.
    If the child was still living in the UK, then they would of been able to register for citizenship as soon as one of the parents is granted citizenship or settled status. As both parents now have citizenship, I would of thought they should still be able to register the child as a British citizen, I would be surprised if they had to go down the settlement visa route for the child.

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by Carl View Post
    I thought if you were born in the UK you were British so you just apply for a passport? Is this not correct?
    My understanding, one of the parents must have citizenship or settled status (ILR) for the child to be British at birth

  4. #4
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    Quote Originally Posted by Greg / Pairin View Post
    If the child was still living in the UK, then they would of been able to register for citizenship as soon as one of the parents is granted citizenship or settled status. As both parents now have citizenship, I would of thought they should still be able to register the child as a British citizen, I would be surprised if they had to go down the settlement visa route for the child.

    - - - - - - - u p d a t e d - - - - - - -



    My understanding, one of the parents must have citizenship or settled status (ILR) for the child to be British at birth
    I looked at all the citizenship/naturalisation docs & they all make reference to the child having to go to VCAS, all well & good if they are here but it doesn't give an option if they are outside the UK. The only option I can find is the settlement option.

    To confirm, in order it was
    2011 - enter UK
    2013 - FLR/work permit tier 2
    2014 - child
    2016 - FLR/work permit tier 2
    2017 - citizenship

    So they were on Thai nationality FLR at the time of birth, if I got the wording right...
    Last edited by Bubbles; 15th Jan 2020 at 14:24.

  5. #5
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    Quote Originally Posted by Bubbles View Post
    I looked at all the citizenship/naturalisation docs & they all make reference to the child having to go to VCAS, all well & good if they are here but it doesn't give an option if they are outside the UK. The only option I can find is the settlement option.
    Somebody like Vinny is far more qualified to advise you. I would of thought registering the child for citizenship would still be feasible though. If I was in their shoes, I would be contacting an immigration lawyer.

  6. #6
    Forum Regular สมาชิกประจำ
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    Did a little web search...

    Children who were born in the UK from non-British nationals will be entitled to register for citizenship as soon as their parents acquire ILR or Settlement Status. On the other hand, children of non-British parents who are already settled in the UK will automatically obtain nationality at birth.

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