Can a child born in England to a non British parents date of birth-14/09/95 - age 11)have British passport?

Question

Granma who is a naturalised British and with British passport wants to take the grandson to Disney World in Paris during this school holiday. Please advise

Answer 1

I don't know why all these Americans think that just because your mom popped you out in a country means that you automatically get the passport and citizenship just because the USA practices that. It's very misleading. Anyone who wants to challenge me is welcome to, especially if they can back up what they say with relevent sources (links to newspapers or because they say so do not count).

Typically, if a child does not have British parents they are not British, there are of course expections which I have quoted from the British Home Office.

According to the British Home Office -Migration and Security:

Ordinary residence
Children born to people who are not British citizens and are not legally settled here
If neither parent is a British citizen or legally settled here, the child will not be a British citizen at birth. So, if a married couple have only been allowed into this country temporarily, for example, as visitors or students, or to work, and they are still limited as to how long they can stay, or if they are staying on without permission, their child will not be a British citizen at birth.

16. Whether a person is ordinarily resident or not depends on the facts of the case. A person who is not limited under the immigration laws to any restriction on the period for which he or she may remain is probably ordinarily resident if he or she:
a. has been living in the United Kingdom for a number of years, without being absent, except for short holidays; and
b. is in the United Kingdom legally (without being in breach of the immigration laws).
Long periods of absence from the United Kingdom (for more than a year, for example) may mean that a person is not ordinarily resident. Shorter periods of absence may also, in some circumstances, mean that a person is no longer ordinarily resident (for example, if he or she left the United Kingdom intending to live abroad permanently).

Children born to people who are not British citizens but who are legally settled here
9. If neither parent is a British citizen, a child born here on or after 1 January 1983 will still be a British citizen if either the father or mother is legally settled. 'Settled' means ordinarily resident (see paragraph 16) in the United Kingdom without being limited under the immigration laws as to how long the person can stay here. For this purpose, a person cannot be ordinarily resident if he or she is in breach of the immigration laws.

Rights to registration as a British citizen
18. If a child does not become a British citizen at birth, he or she may be entitled to registration as a British citizen later. This will happen if either parent becomes a British citizen or legally settles here before the child is 18; or if the child stays here until age 10. If the child is not entitled to registration, the Home Secretary may decide to allow registration. There are more details in leaflet BN11 which you can get from the address in paragraph 19.---

I believe that under this ruling your child is not British by birth. However, they aquired that when they became 10 and you need to register them. This school holidays.. maybe a bit of a long stretch because you have to register the child and get the passport. As far as I can see you cannot claim British citizenship through grandparents (only Ancestry visas which have little use for your child).

There are several different types of British passports.
British citizens
British dependent territories citizens (BDTCs)
British overseas citizens (BOCs)
British subjects
British nationals (overseas)
British protected persons

There is more information on the following in the second link. I'd like to post more but I think I've posted enough already.

Whatever the parents are usually determines the citizenship the child has.

Keep us aprised of what happens.

Answer 2

All the people that said any child born in the UK is British are simply wrong. They say to challenge anyone that says different, I think the reply above from Acyla meets that challenge very well.

However, if the child has lived here eleven years, it's likely that the parents have got Indefinite Leave to Remain, which would allow the child to apply for citizenship. There is also discretion to give ILR to a child who has been brought up in the UK.

You should seek professional advice, from a CAB or solicitor. You need the child's birth certificate, and the parent's passports along with any documentation they have from the Home Office. It will probably be OK, but I wouldn't bank on getting it sorted in just a few weeks!

The child can probably also get a passport from the embassy of his parents' country; depending on the nationality, he might then need a visa from the French embassy to travel there with that passport.

Hope this helps.

Answer 3

I am not sure about England but in America if a person is born in America they are automatically American citizens it makes no difference who their parents are.
That is pretty much the case of most other countries as well. So if you were born in England with an English birth certificate you are a British citizen no matter where your parents are from.
That is unless you were born in the Embassy of parents' country. i.e. Like if your parents were Americans and your mother had you at the American Embassy then you would be born on American soil and would be an American citizen.
But if your parents were Americans and your mother had you at a London Hospital then you would be a British citizen because you were born on British soil.
It all goes back to where you were born that determines what country you are a citizen of.

Answer 4

If a child's birth is registered in UK then that child is British and therefore entitled to a British Passport and is a natural born British Citizen and Subject of Her Majesty the Queen. Also a citizen of the EU.

Answer 5

No, England is so much smarter than the United States. They don't allow a pregnant woman into the country to have her baby and that baby won't be a British subject. We should learn from them. We are stuck with all those illegal alien Mexican anchor babies and their worthless parents, grandparents, and other kids.

Answer 6

No, children born to non citizens in the UK take the nationality of their parents, being born in the UK gives you no rights to a passport.

Answer 7

No, unless one of the parents had ILR- granted before 14/9/95.
G'mother's status is irrelevant!

Answer 8

Best if you check out with the UK Passport and Identity Service. http://www.passport.gov.uk

Regards
Business in Barnet
http://www.business-in-barnet.com

Answer 9

a child born in the UK is British no matter what you or anybody else thinks ....yes it will get a British passport and even if not you can get a visa for the child to visit France

Answer 10

you cant trafel if a woman pregnant aver 3 or 4 months but if a baby born in england he-she can get a British pass
oLA http://turk.us/