August 1st, 2023 at 05:29 am
British Citizenship Update 2023: Visa Expiry & Citizenship Status of Migrant’s Children
What is the citizenship status of children with non-British parents who are born in the UK? Children born to non-British parents in the UK automatically acquire citizenship at birth. The UK is one of the nations where you can give birth if you’re thinking about doing so or if you want your children to have dual citizenship.
When born in the UK, that child would get citizenship automatically, much like in the US. Will his or her parents, who are not British, be able to apply for British citizenship? All of these queries are addressed in this essay. Find out everything there is to know about this and the answers to your questions about British citizenship.
British Citizenship by Birth
Birth citizenship in the UK is not a given. Only kids whose parent has British citizenship or settled status are eligible. A non-British parent must have settled status in the UK for at least one of the kid’s parents for the child to be granted citizenship by birth.
In essence, a kid with non-British parents who is born in the UK may not immediately qualify for British citizenship. Most people just choose to have a child overseas so that they can have dual citizenship. If you have your child there, it can happen in some countries like the US, but it is not possible in the UK.
The primary reason for having a baby in the UK is probably to obtain high-quality medical care rather than to automatically acquire British citizenship, which is not the case for non-British parents. Therefore, unless one parent has British citizenship or established status, many migrants who are in the UK and have had or are planning to have children may find that their child is not immediately eligible for British citizenship.
British Citizenship for Migrant Children
So, if you want to register a child with your local council after birth, you can do so if they were born in the UK to non-British parents who do not have established status. Therefore, if you arrived in the UK as a migrant on a visa for skilled labor, a visa for study, or any other visa, you have the choice to go register the birth of your child with your local council after it is born.
Remember that whatever immigration or visa status you have when you register the birth of your child with the local council since your children will have the same status as you. Your children would have the same status as you if you were in the UK on a two-year skilled worker visa, for example. Your children’s visas also automatically expire when yours does.
Therefore, your children would also have the same immigration status as you do as the primary applicant. The consequences for your dependents or children, depending on the situation, will follow if you lose the right to live and work in the UK.
Passport and Visas
Children born in the UK are therefore exempt from needing a passport or visa unless you want to take them outside of the country. If immigrants don’t want to, they don’t have to rush to obtain passports or visas. They reside in the UK and were born there, most importantly. As a result, they are entitled to live in the UK legally.
Except when you want to travel abroad or when you want to take them abroad, you need a passport and a visa for them. You don’t need that right, though if you won’t be traveling anyplace.
Settle Status
If you are on a visa that allows for settlement in the UK, your children will be eligible to apply for British citizenship immediately if they are born in the country. So, let’s assume you relocate to the UK with your dependents (perhaps with one child), and you give birth to a second child there. In such a case, all you need to do is register the birth.
That child would, however, automatically qualifies to seek British citizenship once you had your indefinite leave to remain, which signifies that you have achieved settled status. In this situation, you will be entitled to register your kid born in the UK as a British citizen if one parent, or possibly both parents, are awarded settle status or even British citizenship.
By doing this, the child is deemed exempt from immigration laws and has their status in the nation safeguarded as a British citizen. These children are free to leave and return to the UK whenever they please. They essentially don’t require any work or study visas to reside in the UK because their status as British citizens is now safeguarded. They would also be free from constraints and receive everything to which they were legally entitled as British citizens.
Further Details
Know that not all UK Visa categories result in settlement. For instance, a study visa does not result in a settlement. Unless you’ve been studying continuously for up to 10 years while on a student visa in the UK. In light of the foregoing, you might be qualified to apply for your indefinite stay.
The visa categories that lead to settlement are, however, the skilled worker visa and the global talent visa. As a result, after up to five years of residence on this visa in the UK, you may be eligible to apply for indefinite leave to remain and, after one year, British citizenship.
Therefore, if you or the child has been residing in the UK for at least five years and was born outside of the country, you may register to apply for the child to become a British citizen. In this situation, if you are on a skilled worker visa, for example, and you have lived in the UK with that child for up to five years, once you receive your indefinite leave to remain—or once both you and that child receive your indefinite leave to remain—you can then move forward with your application for British citizenship.
All of these demonstrate that British citizenship is not a certainty. It is not something that comes with birth. Unless you are a British citizen yourself, you do not automatically acquire citizenship in the UK when you give birth to a child.
As a result, for a kid who was born in the UK, you can proceed with applying for the child’s British citizenship once you as the parent have your indefinite leave to remain and hence your settled status.
Children Born Outside the UK
You can go forth and apply for your settled status and then the child’s British citizenship for a child who was born outside of the UK and moved to the UK with you after five years of lawful residence. Before you submit an application for the child to obtain registration as a British citizen, the child must have lived with you for a full year.
10-Year Residence Route
A 10-year continuous residence route is also available. Therefore, a child who was born in the UK and spent the first 10 years of their life there and has non-British parents may be able to register for British citizenship. However, in this instance, the youngster must satisfy the requirement that he has not spent a disproportionate amount of time outside the UK for each year that he has resided there.
For each year that he has lived in the UK, the youngster may not spend more than 90 days abroad. For the child to be eligible to petition for British citizenship in this case, they must meet that requirement. Therefore, if you arrived in the UK on a study visa, gave birth to a child, and then left the country with that child for two years before returning, the child would immediately be ineligible for the 10 years route because he had spent up to two years abroad.
The youngster must retrace their 10-year path in this regard when they return to the UK. You must begin your tally with the child’s return to the UK. Additionally, once you have your indefinite leave to remain, your kid who is currently a minor and is on a work visa (a five-year work visa) will be qualified to apply for British citizenship.
Study Visa
Once more, a study visa does not result in settlement unless you use it to stay in the UK for up to 10 years while continuing your degree. However, you must switch to a skilled worker visa if you desire a visa that allows for settlement.
Once you transfer to a skilled worker visa since that visa category leads to settlement, your five years will begin to accrue. You can apply for indefinite leave to remain and then British citizenship once you’ve consistently and lawfully resided in the UK on a work visa for up to five years.
7-Year Residence Route
The seven-year rule is another one. Therefore, if you have a kid who was born in the UK and has resided there for at least seven years, that child may be eligible to apply for permission to remain in the UK based on their circumstances. The Seven-Year Child Residence Rule refers to this.
There are some basic requirements to be qualified for this these requirements;
First and foremost, the child must be under 18 years
Second, the child must be in the UK
Third, the child must have lived continuously in the UK for at least seven years
Also, it would not be reasonable to expect the child to leave the UK
Visit Newsnowgh.com for the most up-to-date information on changes to visa criteria, prospective paths to obtaining legal residency, and others.