United Kingdom - Permanent Residency - Indefinite Leave to Enter (Sole Responsibility)
As a general rule, a child born outside of the UK to a British parent who was themselves not born in the UK will not normally have a claim to British nationality. However, where:
- the child is still under 18; AND
- a British parent has "sole responsibility" for the well-being and financial maintenance of the child...
... then, if the family does want to move over to the UK for settlement, you should note the following:
a) the child could enter the UK with "Indefinite Leave to Enter". This is a preferable immigration status than a visitor visa or a dependent visa. It relies on demonstrating that the British parent has sole responsibility for the child; AND
b) once resident in the UK, the child can then be registered as a British citizen after a period of residency. This residency length depends on the age of the child and the family circumstances.
There are two types of child registration as a British citizen. One will result in the child being classified as "British by Descent", and the child would not normally be able to pass on their British nationality to their own children if they are born overseas. The other registration type will result in the child being classified as "British Otherwise than by Descent", and they WOULD then be able to pass on their British nationality to their own children wherever they are born.
Both applications require the child to be under the age of 18. Many rights to register as a British citizen fall away once a child turns 18 (including this route to British nationality) and can be lost forever.