BC Otherwise by than descent or by descent
Mar 18th 2018, 9:33 pm
#1
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BC Otherwise by than descent or by descent
I was born South Africa 1976. My mom and her parents were born in the U.K. My father was born in South Africa. I was registered as a British citizen - my registration certificate says section 3(1) British Citizen. I applied for British citizenship before I was 18, but my certificate was issued in August 1994 just after I turned 18. My children were born in South Africa 2002, 2005 & 2012. We applied for citizenship for them section 3(5) after living in the U.K. for 3 years. the home office refunded our fees and said because I was registered under section 3(1) in August 1994 it appears as my children are British citizens since birth under section 2(1)a. Am I registered as otherwise than by descent as I always thought I was by descent? I brought my family over on spouse visa with dependents.
Mar 18th 2018, 9:42 pm
#2
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Re: BC Otherwise by than descent or by descent
I'm not sure how they came to that conclusion. From what you say it appears you are British by descent. I would query that because registration under S.3(5) would give your children British citizenship otherwise than by descent. S.2(1)a would only make them British by descent.
Mar 18th 2018, 9:49 pm
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Re: BC Otherwise by than descent or by descent
I'm not sure how they came to that conclusion. From what you say it appears you are British by descent. I would query that because registration under S.3(5) would give your children British citizenship otherwise than by descent. S.2(1)a would only make them British by descent.
I have read other posts and they say 3(1) you can be either and you cannot tell from just looking at the reg certificate or passport. I have applied for their passports and am awaiting a response as per the home office letter I received. I am not sure if it is the year I was registered as I read a thread saying something about having till 1997 to register before official 1981 act came into play. Stranger I was not registered under 4C, but I think that came in 2000 and something.
Mar 18th 2018, 9:51 pm
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Re: BC Otherwise by than descent or by descent
I'm not sure how they came to that conclusion. From what you say it appears you are British by descent. I would query that because registration under S.3(5) would give your children British citizenship otherwise than by descent. S.2(1)a would only make them British by descent.
Mar 18th 2018, 10:08 pm
#5
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Re: BC Otherwise by than descent or by descent
S.4C wasn't law until April 2003 so that would have been an option later if you hadn't been registered under S.3(1).
S.14(1)(c)(i) seems to set out that you are a British citizen by descent.
British Nationality Act 1981
S.14(1)(c)(i) seems to set out that you are a British citizen by descent.
14 Meaning of British citizen (by descent).
(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
[...]
(c) he is a British citizen by virtue of registration under section 3(1) and either—
(i) his father or mother was a British citizen at the time of the birth; or
(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death
(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
[...]
(c) he is a British citizen by virtue of registration under section 3(1) and either—
(i) his father or mother was a British citizen at the time of the birth; or
(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death
Mar 18th 2018, 10:14 pm
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Re: BC Otherwise by than descent or by descent
[QUOTE=BritInParis;12465427]S.4C wasn't law until April 2003 so that would have been an option later if you hadn't been registered under S.3(1).
S.14(1)(c)(i) seems to set out that you are a British citizen by descent
I have read this aswell. The thing is I was born before 1983 aswell and am not sure if this has got anything to do with it aswell - falling under CUKC possibly.
S.14(1)(c)(i) seems to set out that you are a British citizen by descent
I have read this aswell. The thing is I was born before 1983 aswell and am not sure if this has got anything to do with it aswell - falling under CUKC possibly.
Mar 18th 2018, 10:22 pm
#7
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Re: BC Otherwise by than descent or by descent
However your mother was a CUKC with Right of Abode at the time of your birth, having been born in the UK, and therefore would've been become a British citizen on 1 January 1983.
Mar 18th 2018, 10:25 pm
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Re: BC Otherwise by than descent or by descent
I will wait and see if my children get their passports and if not, I am going to take this further with the home office as they could possibly have incompetent staff working there.
Mar 18th 2018, 10:28 pm
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Re: BC Otherwise by than descent or by descent
You weren't a CUKC before 1983 - your father rather than your mother would have needed to be British-born for that to happen - nor would you have had Right of Abode in the UK as South Africa was not a Commonwealth country at the time due to apartheid. In order to automatically become a British citizen on 1 January 1983 you would have needed to have both. This is why you needed to be registered 'at discretion' in 1997 under S.3(1) reflecting that if you been born to a British-born father or after 1 January 1983 you would have automatically become British.
However your mother was a CUKC with Right of Abode at the time of your birth, having been born in the UK, and therefore would've been become a British citizen on 1 January 1983.
However your mother was a CUKC with Right of Abode at the time of your birth, having been born in the UK, and therefore would've been become a British citizen on 1 January 1983.
http://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/bc-other-than-descent-section-3-1-registraion-748587/
Last edited by shaywardza; Mar 18th 2018 at 10:30 pm. Reason: Add note
