Born in UK to South African parents. UK Passport?

Question

My 1st question is

Would a child born in the UK to South African parents be automatically given a UK passport/British Citizenship (the Father has British passport but mother doesn't)?

2nd Question:

IF the child AND mother were to come to the UK (though the child was born in the UK, both mother & child moved back to South Africa 6 years ago) would the mother be allowed UK Citizenship as her child was born here?

(The parents are both South African. The father has UK passport, the child is UK born but the parents are divorced & the mother returned to South Africa 6 years ago. Could she come back here with her UK born child?)

MANY MANY thanks! ;-)

Answer 1

the child can get the UK passport but the FATHER MUST fill out the forms and apply for the child. The fathers birth certificaste and the parents marriage cert anf the childs Birth cert all needed as proof. The chils must have been born after 1983.

the mother must apply for long term leave to remain before they can apply for citizenship. The mother is NOT entitled to anything JUST BECAUSE her child was born in UK.

Answer 2

Anchor babies don't happen anymore.  A child with a father who has a UK passport and who was born after 1983 may be able to get dual nationality(if the father is named on the birth certificate and fills out all the relevant forms and has the relevant proof) but the mother will not get a UK passport just because her child does.  She will have to apply for a VISA in her own right.  The child's only chance to com ehere would be if they came to live with their father.

An adult child with a UK passport *might* be able to bring their mother to the UK if they could prove that the mother is dependent on them and they can support her.

Answer 3

1) Yes, you are a British citizen by birth if at least one of your parents was a British citizen at the time of your birth, or at least one of your parents had permanent residence in the UK at the time of your birth.

2) Since the parents are divorced, I don't believe the mother can claim the right to live in the UK on the sole basis that her child is a UK citizen.

I'm 100% positive about #1 but you might want to check with the embassy of the UK in South Africa about #2 to double-check.

Answer 4

The mother can not claim British citizenship or the right to live in the UK simply because she had a child here. If she does want to come back then she would have to gain a visa in her own right.

With regard to the child well it depends when they were born (after 1983?) were the parents married at the time of the birth? Was the father in possession of a British passport at that time?

Having a child is NOT an automatic right to a British passport, the law changed in 1983, to prevent abuse. If the parents were on a visa and NOT on ILR or did not have British citizenship at the time of the birth and the birth happened after 1983, then the child may not be British by birth. Only children born to people on ILR or British parents are classed as British born.

Answer 5

so many questions about everyone trying to get a UK passport! I wonder why?