No she is not
Children born after 1st January 1983 take nationality from the parents. Neither of you were British Citizens therefore your daughter is not either.
Edit: I have read so many posting after mine that seem to link this question with racism for and against. This is a question of fact. The 1981 act came into force in 1983 and there is no doubt about your position. If you were continually resident in the UK your daughter could have qualified after a period of time, not five years but it doesn't matter because your position is clear in law. You asked for experts and I can assure you that I would be out of a job if I didn't know the answer to this very straightforward question. I wish all cases were so. Please don't take any notice of the emotional postings I am sorry that people waste time and energy on insults, it must brighten up their sad lives
Its about time they read the community guide lines again
2007-12-08 22:41:01
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answer #1
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answered by Anonymous
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Not everyone born in the UK is entitled to citizenship.
"Birth in the UK after 31 December 1982 does not automatically confer citizenship. A person born there after this date will be a British citizen provided one of their parents is a British citizen or settled in the UK at the time of the birth. The meaning of settled in the UK under the Immigration Act is that the parent is free from Immigration control and has been granted the right to enter or remain in the UK for an indefinite period.
If the British citizen parent is the father, there is a requirement that he was legally married to the mother at the time of the birth."
So unless you had indefinate leave to remain the answer is no.
2007-12-10 03:23:18
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answer #2
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answered by Anonymous
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Before 1 January 1983, anyone born in the UK was a British citizen.
However, anyone born in the UK after 1 January 1983 is not a British citizen unless one or both of their parents are British,
or, if the parents are not British, the parents must be legally settled in the UK. This means that they must have a legal right to permanently remain in the UK and not be limited by Immigration law. If they do not have this status, the child can not be British.
2007-12-09 00:00:35
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answer #3
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answered by Anonymous
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if you are NOT british citizens, and the mother was not on a Permanent leave to remain visa at the time the child was born, then NO she is NOT a british citizen. She will be given her mothers citizenship. Which means she is German. if you wish to claim her as your daughter then you (and her) MUST submit to a paternity test to have her eligible for british citizenship. If that is successful, then when she is 18, she will be REQUIRED by german law to give up ONE citizenship. Germany does not allow dual citizenship. OOPS she is already 18. It may already be too late.
2016-04-08 03:18:20
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answer #4
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answered by Anonymous
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No the laws where changed....loads of pple from other countries where coming and having their babies in London to get uk passports the laws where changed check the home office website....you and your wife where not uk citizens so NO..you would have to apply for her to be a citizen its no longer just a case of being born here to foreign parents....happened to a work colleague from New York...her son was born here and it came as a surprise to us all to learn that just coz he was born here it did not make him a uk citizen....
2007-12-10 01:10:24
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answer #5
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answered by Anonymous
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i am an expert and the answer is no. Unless, at the time of your baby's birth, you, or your partner had ILR in the UK or are british nationals. A visa ( ie work permit, student, visitor, dependant) IS NOT VALID.
You can apply, but you will be turned down.
Good luck.
2007-12-09 10:30:19
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answer #6
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answered by Anonymous
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No she will NOT be a british citizen, because she can ONLY be a british citizen if ONE or both of her parents is a British citizen or a LEGAL resident of Britain. That has been British law since 1983.
The child will required to take the nationality & citizenship of the mother. Since you and your wife are not British, and probably not legal residents. the child will be Bengali. (i think thats right - bengali = bangladesh)
2007-12-09 05:11:20
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answer #7
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answered by Anonymous
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ALMOST EVERY ANSWER HERE IS INCORRECT.
The answer is that, NO, she is not a British Citizen because to be born in the UK and acquire British Citizenship, one of the parents must be either a British Citizen or "settled" (permanent resident) in the UK.
2007-12-08 23:00:40
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answer #8
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answered by Alex_F 3
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If one parent is a British citizen, the other an American citizen and the child is born in Britain, in a British hospital, then this child is British citizen. Acoording to general rule, the child is also American citizen because one parent is American citizen. To make sure, check with your next British Embassy. I am not one hundred percent certain, but I do believe that your child is entitled to dual citizenship....however, Brittain is no part of the EU, so it is better to make sure.
My son was born in Germany, I am German citizen, my husband American citizen, and the child was born in a German hospital(meaning he was born on German soil). My son has 2 passports--a German one, and an American one. However, Germany is part of the EU, so I am not absolutely sure if the same rules are applied in the UK.
2007-12-08 23:12:11
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answer #9
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answered by What Will The Spill Kill? 6
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my friend is Portuguese, he has the same problem. he has lived here for 9 years with his girlfriend. his daughter was born here 4 years ago but they will not grant her British citizenship - yet.
firstly she had to be registered with the Portuguese consulate to become a Portuguese citizen, then when she is 5 she can apply for British citizenship, i believe this is the same with other nationality's. it stops them coming here and having children just to stay in our country, so the answer is probably no.
i think you're child needs to have lived here for 5 years before she can claim citizenship.
2007-12-08 22:42:09
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answer #10
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answered by *mental*MooCow* 5
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