Hello guys, I got married to my Filipina in the Philippines in Feb 20 and I was there from Jan 2020 until July 2021, we also had a baby daughter together that was Born in December 2020. I was stuck in the Philippines allot longer then originally intended due to the pandemic so I had to get a new job and apartment when I got back to the UK. Now I am saving up money so I can afford the visa costs, I am hoping to try to apply for the visa around Jan 2021 if I can afford it. I know my baby daughter is considered a British citizen as I was born in the UK to a British parent and so I want to try to get her a British passport or I heard you can get a right of a bode from the British embassy? My current work is a zero hour contract at around 20k a year. My current living status is I am sharing a two bedroom apartment with a friend and I am on the tenancy agreement. I just want to try to get an outline of the required documents and costs that I will have to deal with, so if any of you guys that have recently gone through this could give me some guidance it would be much appreciated.
Right of Abode is not available through the British Embassy, it is unfortunately an online only application if the child is living outside the UK. Prove you have right of abode in the UK: Apply for a certificate of entitlement - GOV.UK (www.gov.uk) In the above link there is a section with the apply online link, I think you need to do that from the Philippines as they probably track the IP Address of the application. The ROA will go into the child's Philippine passport and is valid until the expiry of that passport, on passport renewal you have to apply again if you have not got a full British Passport for the child by that time. Your accommodation situation is likely going to be a problem, there are rules about the number of people allowed to live in a certain space, rules like number of bedrooms, with a very young child the rules are not as onerous I believe.
do you guys think that right of abode certificate is the better way then applying for a uk passport? I am in the uk but my wife and child is in the Philippines, I do have all the documents with me though, her birth certificate and doctors records, as well as our marriage certificate and my wifes birth certificate.
I am fairly sure that the application for a UK passport for a child has to originate in the Philippines, over the last few years this has been a terribly delayed process for some people with it taking up to 8 months or more to turn round an application. I am also not sure but I suspect the RoA application has to originate in the Philippines as well, I got the impression from those who tried it that it was less onerous than the UK passport application. There are some others here who know a bit more about the RoA through personal experience.
@oss didn't we have this discussion with another member( can't think of his name but he spent a while at The Republic of Philippines pleasure) It looks like you registar then apply A child born overseas to a British national will be deemed a British citizen by descent. However, the process of registration will have to be completed in order for the young person to be able to apply for a British passport. Parents can register the child for citizenship using the application form MN1.
Yeah we did, that is what I was thinking about. The MN1 id the correct form for registration but the passport application is by mail is it not, along with lots of supporting information.
trying to make sense of this: https://www.gov.uk/government/publications/form-mn1-guidance British citizenship can be passed on to one generation born abroad. So a child born abroad to a parent who is British otherwise than by descent will automatically be British by descent. The exception is • a child born before 1 July 2006 to a British father and non - British mother who were not married. The child will be able to apply for registration under section 4G using form UKF . Children born to parents who are British by descent have no automatic claim to British citizenship. Applications may be made through entitlement under section 3(2) or section 3(5) if children satisfy the requirements for registration. Or they may apply atthe Home Secretary’s discretion under section 3(1) if there are compelling or exceptional reasons for registering a child as British. The exception to this broad rule is where a child is born abroad to one or more parents who are in Crown service or service designated for this purpose or in Community institution service. In this case, the child will be a British citizen otherwise than by descent. To qualify, the parent must have been recruited in the UK and have been sent to serve abroad. Designated service is agreed by Parliament. A list of designated service is available on our website. Someone who is a British citizen by des cent cannot change their citizenship by applying to be registered or naturalised as a British citizen otherwise than by descent.
Read this link carefully I would consider talking to these guys. Good Luck https://london-immigrationlawyer.co.uk/british-citizenship/british-citizenship-child-born-abroad
This bit is not hard, any child born in a foreign country after July 1st 2006 to a British father who is a full British citizen (i.e. a British Citizen who is not just British by descent) is automatically British. However that child, if they go on to have children outside the UK their children will not be automatically British. Your child is just a baby and so fully qualifies for British Citizenship by descent, in twenty years if your child has kids of their own and those kids are born in the UK then your grandkids will be full British citizens but if your grandkids were to be born in the Philippines or in some other country they will not automatically be British. UK citizenship is a mix of Jus Soli rules and Jus Sanguinis, which is loosely 'Right of soil' and 'Right of Blood', if one of your parents is British by any means and has children on UK soil then the child is a full British Citizen. however someone who is British by descent can only pass on their British citizenship to their children if the children are born on British soil, your child cannot pass their citizenship to their children if the kids are not born on UK soil. My son was born before the rule change in July 2006 and is therefore not British at all, but my daughter was born in 2008 and she like your child is British by descent, my grandkids, if Janna chooses to gives me any, will not be British if they are born in the Philippines, but they will be British if they are born in a UK hospital on UK soil. (note: the law change in 2006 was specifically for UK Fathers, UK mothers always had the right to pass their citizenship to their children, the 2006 change was about bringing fairness to men).
