Cidadania Britânica – casos concretos.


British national born to or not children in the United  Kingdom

A very complicated issue to understand is about getting the British Nationality of children born or not born British citizen in the UK.

The first case to review the case where a unique citizen of an EU Member State is resident in the UK forward  send 5 consecutive years, ie no missing time interval of the country and still no relative range to be working or studying, so you can this citizen exercise their rights and to transfer the same to the child born in the UK.

British Citizen

First case:

A citizen with Italian passport called Cristianna lives 16 years in the UK, is married to a Nigerian whose same is not living legally in the country, however this relationship is born a child resulting from this union and it had the name of Giuliano . The Italian citizen in the last five (5) years been working as a self employer in the profession of nanny, after the birth of the baby stopped working for three months to take care of the baby. Giuliano may apply to be a British national?

Cristiana must prove something about the father of the child?

Replying Yes Giuliano is eligible, or you can apply for British citizenship on the basis of the European Union Act in conjunction with the British law that reaffirms the right of Giuliano since his Cristianna mother has resided for more than five years in the UK. The years that count are the years in which Cristianna been paying taxes, working or studying, exercising their rights based on the laws and directives of the EU and acts legislated by the British Parliament.

The nationality or status of non-European parent does not matter in this case.

Second case:

British birth father son of British father> son born in Brazil or another country, registered in the place of birth has the right to British nationality?

YES. Even if the British child to do the application after 18 years is likely to achieve. Obviously in this case, certain requirements must be met, but it is quite possible since the British Father has registered the child in the minority, even in Brazil or another country.

Third case:

A couple of Brazilians live in totally illegal in the UK for 10 years and during this period had a son, who was born on British soil and was duly registered in a registry of British civil registration. This child may be eligible to apply for British nationality.

However this child can only apply after being the same living in the UK for more than 7 years. In the case of the present day, the ideal is that the child is adapted, studying and speaking English speaking, without any other family and cultural links with Brazil or in what their country of origin. For the application to be fully considered “strong” the ideal is that the child already has 8 full years at best 10 full years.

What does it mean is the seven (7) years the application has 50% to be approved immediately, the eight (8) 70% and 10 (ten years) the chances are greatly increased by 95%. At 100% only the cases of children of British.

The great benefit in these cases to have a child with British nationality is that parents and siblings can be legalized in the UK based on the Declaration of Human Rights and also based on the life on family and the principle of the best interests of the child .

This article is exclusively written by Claudia Vieira.

Lawyer in Farani Javid Taylor company.

  1. Muito interessante a matéria. Por favor, gostaria que você comentasse meu caso. Fiquei grávida de um britânico durante meu intercâmbio em Londres. Tive minha filha no Brasil. Durante a gravidez mantivemos contato, mas após ela nascer ele sumiu. Mudou o número do celular e me bloqueou nas redes sociais. Gostaria de saber como posso proceder para garantir o direito à dupla cidadania e se eu poderia solicitar a minha pelo direito do melhor para a criança ser morar no Reino Unido. Desde já obrigada!

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