"UK Citizenship by Birth" for Baby born in Spain to UK naturalised Father and Spanish mother?

Question

I am a naturalised British citizen (born Indian). My wife is Spanish by birth. We have both been living and working in the UK for the last 10 years. Recently we had a baby boy and decided for the delivery in Spain so my wife could get support from her mother. The UK NHS authorised this and gave my wife a certificate E112 enabling her to deliver the child under the Spanish NHS free of charge. The baby was born on the 30th of November, 2006 in Spain. We understand that our baby boy automatically qualifies to a "British Citizen by Descent". However I realise (late!!) that "British citizenship by Birth" gives one many more rights e.g.: my baby’s children may not automatically qualify for British citizenship if they were born overseas! It appears a bit odd that just because we chose to him delivered in Spain rather than in the UK he and his descendents should loose so many rights! If he had been delivered in the UK then he would have been a citizen by birth. What do we do?

Answer 1

I don't think this should be such a big problem. After all, if his children are born in UK, they also will be "British by birth", and if they are born overseas but their mother is British by birth then there would be no problem. Also, presumably your son can claim an equivalent Spanish citizenship (depends on the law there).

It does seem odd that his status is different in this way. I don't know if there's an option for "naturalisation" later in life.

Congratulations!

Answer 2

Hi,
A tricky predicament I see.
My understanding is that there are several "levels" of UK citizenship. I suppose that as my passport declares me to be a UK citizen, with right of abode, and all that, as my parents are of a similar background.
Some documents state that although you have a UK / EU passport, you may not have this "right of abode"
My wife was born in what was Rhodesia, daughter of a colonialist bod working there at the time, both parents Brits.
She is a fully fledged UK citizen.

My guess, but don't hold it to me, is that in your described circumstances, your offspring, or you on his/her behalf could apply for dual Nationallity.
An advantage !

I lived & worked in the Mid-East for many a year, where our first son was born. He now has both a EU passport, and an Omani one. And this right of abode in both countries - more than I have.
I suppose therefore, that the international system allows for parents of different nationalities to apply for combined documentation.

I would have a word with the UK Foreign Office, for clarification.

All the best, and congratulations on being a Dad. - What could be better, regardless of the paperwork !

Bob.

Answer 3

No. You get Spanish citizenship through Jus Sanguinis (precise of blood) AKA you inherit it out of your father and mom. 2 exceptions exist: a million) if neither of the father and mom' regulation confer a nationality to their little ones: both the U. S. and Thailand confer nationality 2) people born in Spain and whose filiation isn't determined. you recognize the father and mom filiations US and Thai

Answer 4

will he or she not qualify for both citizen ship

Answer 5

BOTH CITIZENSHIP WILL BE NICE.....