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Discussion Starter · #1 ·
I'm not sure if anyone on the forum has experience with this but I will give it a go.

I am from the United States and currently waiting for word about a spouse settlement visa. I am pregnant and as the application process is taking longer than expeceted it looks like our baby will be born in the U.S. instead of the UK.

After the arrival of the baby we will need to get the baby a passport in order to travel to reside in the UK - If we get an American passport for the baby do you know if we will have any trouble entering the UK together? This would be as opposed to getting the baby a UK passport at this time. The reason I ask is because at that point I would be enetering with leave to remain on a setlement visa (provided I am approved but we have to wait and see) and I wonder if there would be conflict between the baby's U.S passport and my visa....

His father is a UK citizen (both by birth and ancestry).

Hope that makes sense - thanks in advance for any help.
 

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I'm not sure if anyone on the forum has experience with this but I will give it a go.

I am from the United States and currently waiting for word about a spouse settlement visa. I am pregnant and as the application process is taking longer than expeceted it looks like our baby will be born in the U.S. instead of the UK.

After the arrival of the baby we will need to get the baby a passport in order to travel to reside in the UK - If we get an American passport for the baby do you know if we will have any trouble entering the UK together? This would be as opposed to getting the baby a UK passport at this time. The reason I ask is because at that point I would be enetering with leave to remain on a setlement visa (provided I am approved but we have to wait and see) and I wonder if there would be conflict between the baby's U.S passport and my visa....

His father is a UK citizen (both by birth and ancestry).

Hope that makes sense - thanks in advance for any help.
A US citizen (your baby) has to use their US passport to leave and enter the USA, regardless of any other nationalities (and passports) they may hold.

So, either get both passports before travelling or a US passport and possibly a ROA. It may also be possible to simply enter the UK on the US passport and then apply for a British passport once in the UK.

British nationality law is very complex and whether the baby will automatically have British citizenship depends on all sorts of factors like where the British parent was born and how they got British nationality (by birth, naturalisation, etc.) I will leave it to others who are far more knowledgeable than me to comment on that.
 

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If the father is British, then the child will be automatically British by descent if born outside the UK (and British otherwise than by descent, if born in the UK). So, will be British regardless of place of birth.

I would say you'd be taking something of a risk coming to the UK with a settlement visa if your child only has an American passport at that point, it's not really the Border Force officer's job to glean your baby's citizenship, especially if the person from whom the baby derives British citizenship isn't travelling with you to show his passport. They could give you a hard time about it. If your baby is born in the US, it makes sense to get them a UK passport before moving overseas in order to remove all doubt. (just my own stance).
 

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You can just get US passport. While ideally you should get UK passport for entry, a lot of people do that and just apply for UK passport after arrival. The child will simply be entered as visitor. It doesn't matter if you decide to stay longer. If they say anything at the border, produce the child's and father's birth certificate. Assuming of course the father is British otherwise than by descent.
 

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Discussion Starter · #5 ·
Hello and thanks to all of you for the feed back. I really appreciate it.

After taking your thoughts into consideration I will try to acuqire both passports for the baby as the father may not be able to travel with baby and I from US to UK and would not like to be held up at the border after waiting for so long. Also, I want the baby to have access to check ups at the dr. with the NHS as soon as we get back.

Have a nice weekend.
 
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