Citizenship for a Child Born Outside the UK: Legal Path and Considerations

Would a child born outside the UK gain citizenship if only one parent is naturalized as a British citizen? The answer is that it is certainly possible, but the path may be complicated. This article explores the legal frameworks and considerations involved in such a scenario.

Legal Path to Citizenship

A parent who is naturalized as British is referred to as a "citizen other than by descent." If this naturalized parent has a child born outside the UK, the child can claim citizenship "by descent," but this only applies to one generation. The child of a citizen by descent typically does not qualify for citizenship at all.

For detailed information, refer to the official website for British citizenship guidance.

Current Scenario

The mother and the child are currently residing in the UK as of October 2017. The mother intends to apply for indefinite leave to remain (ILR) and eventually citizenship by October 2022. The father, who is married to the mother and intends to remain in Turkey, plans to make occasional visits to his family in the UK.

Discretionary Rules and Long-term Connection

From my understanding, the mother will be able to apply for citizenship for the daughter along with her own application for citizenship. However, the child will not automatically qualify for citizenship. Instead, the child may qualify under the discretionary rules provided that a strong permanent connection to the UK can be established.

According to the guidance notes, there could be an issue establishing this connection because the child has one parent permanently resident outside the UK. The father continues to be married to the child’s mother and maintains regular contact with the child. This complicates the scenario because the guidance notes often point to a situation where there may not be an issue if the parents are divorced or separated, and the child has no contact with the foreign-resident parent.

However, the flip side suggests that there could be an issue in this case. As such, it is crucial to establish a long-term connection to the UK to ensure citizenship.

Expert Advice

Given the complexity of the situation, it is highly recommended to consult with a reputable immigration specialist with experience in this area at an early stage. They can provide tailored advice and help establish the necessary long-term connection to the UK to ensure the child qualifies for citizenship.

Conclusion

While it is possible for a child born outside the UK to gain British citizenship if only one parent is naturalized, the path is complicated. A strong permanent connection to the UK must be established, which can be challenging in this scenario. Consulting with an experienced immigration specialist is strongly advised to navigate the complexities of this situation.