Does Britain have nationality when giving birth to children?

With the increasing communication in the world, more and more China people choose to live overseas. Today, I would like to talk to you briefly about having a baby in Britain or having a baby abroad, what kind of status the child is, and how to become a British citizen.

Because the nationality of children has always been a complicated issue, this paper only discusses the most common problem of Chinese groups, that is, the nationality determination of children born to parents in China or Britain, and other situations are not involved in this paper for the time being.

How to calculate the nationality of children?

According to the British Nationality Act 198 1 and the China Nationality Act, People's Republic of China (PRC) does not recognize that China citizens have dual nationality, and it will be divided into various situations according to the immigration status of their parents in the UK at the time of the child's birth.

The following are two simplest cases of nationality identification:

1. If both parents are British nationals, naturally your child is also a British national.

2. If a British-born child's parents are both China nationals and have no permanent residency, then the child's nationality is China nationality, just like his parents.

Let's look at a slightly more complicated situation.

According to the table on the website of China Embassy, it can be summarized as follows:

1. A child born in the UK, if the child was born after either parent obtained permanent residency. Your child will automatically acquire British citizenship and can apply for a British passport directly. There are no residence requirements and no restrictions on leaving the UK. However, according to China's nationality law, children can't apply for China passports and travel permits, but only Chinese visas.

2. Children born in the UK, if one parent is a China citizen and holds a non-permanent residence visa in the UK, and the other parent is a British citizen. Then the child belongs to the nationality conflict, and China is not allowed to hold dual nationality at the same time. In this case, you can only apply for a British passport and a China travel permit (which can be renewed every two years). When the child 18 years old, it is necessary to identify the nationality and choose the nationality.

In many China families who have settled in Britain, both parents hold China passports, for example, one holds permanent residency and the other holds a spouse visa. In this case, if the child was born in Britain, he can only get a British passport first, and then apply for a Chinese visa to go to China. However, if one parent holds British nationality and the other parent holds a spouse visa, then their children born in the UK belong to a nationality conflict and can hold both a British passport and a China travel permit.

In addition, if the child was born in China, it is divided into the following situations:

At the time of birth, both parents were China citizens and had the right of permanent residence in Britain. Then the child will acquire China citizenship and be eligible to apply for permanent residency in the UK directly.

2. If the parents are British at birth and the children have British nationality, they can apply for a British passport directly at the British embassy abroad or apply for ROA (right of abode) with other passports to return to the UK.

In addition to the situation mentioned above, there are more complicated situations.

1. The child lived in England after birth 10 years.

If you have lived in the UK for 65,438+00 years after birth and have been away from the UK for no more than 90 days in any one year, your child can register as a British citizen, regardless of his or her parents' status. You can apply at any time, and the child does not need to be 18 years old when applying. You can also apply from outside the UK, but it may be difficult to collect evidence that your child lived in the UK during the relevant period.

2. Only one parent is British, the other parent is not eligible for permanent residency in the UK, and the child was born outside the UK. According to the British Nationality Act, whether a child has British nationality or is eligible to register British nationality can be divided into many situations, which are not discussed here.