British Citizenship 3(5)
Dec 20th 2017, 7:24 pm
#1
Just Joined
Thread Starter
Joined: Dec 2017
Posts: 2
British Citizenship 3(5)
Hi please can someone assist my husband and I. We have British Citizenship by descent. According to 3(5)
To qualify under this section the child and their mother and father should have lived in the UK (or British overseas territory if born after 21 May 2002) for a 3 year period ending with the date the application is received. And the child and their parents should be physically present in the UK or a British overseas territory at the start of that period.
The child and their parents must not have been absent from the UK (or the British overseas territories if appropriate) for more than 270 days during the 3 year residential period. There is no discretion to disregard absences greater than 270 days.
I have a question. In the case that our children dont settle and are unhappy in the UK and we decide to return home to South Africa we would want to ensure we stay for the minimum amount of time so our children can still qualify for UK citizenship.
As we are allowed out of the country for 270 days within this 3year period...could we stay for 2years 3.5months, go back to SA and 270 days later (well just before) return to UK with kids to submit application, albeit just for a holiday?
We obviously want it to work out in the UK but if it doesnt 3 full years is a long time for them. Also we want them to have British passports in case they wish to return in the future.
Would so appreciate an answer from someone who knows for sure.
Thanks
To qualify under this section the child and their mother and father should have lived in the UK (or British overseas territory if born after 21 May 2002) for a 3 year period ending with the date the application is received. And the child and their parents should be physically present in the UK or a British overseas territory at the start of that period.
The child and their parents must not have been absent from the UK (or the British overseas territories if appropriate) for more than 270 days during the 3 year residential period. There is no discretion to disregard absences greater than 270 days.
I have a question. In the case that our children dont settle and are unhappy in the UK and we decide to return home to South Africa we would want to ensure we stay for the minimum amount of time so our children can still qualify for UK citizenship.
As we are allowed out of the country for 270 days within this 3year period...could we stay for 2years 3.5months, go back to SA and 270 days later (well just before) return to UK with kids to submit application, albeit just for a holiday?
We obviously want it to work out in the UK but if it doesnt 3 full years is a long time for them. Also we want them to have British passports in case they wish to return in the future.
Would so appreciate an answer from someone who knows for sure.
Thanks
Dec 20th 2017, 7:25 pm
#2
Just Joined
Thread Starter
Joined: Dec 2017
Posts: 2
Re: British Citizenship 3(5)
Sorry just to mention we are currently living in SA. Our kids are 9,10yrs old. We are thinking of moving to the UK in June 2018.
Dec 20th 2017, 7:47 pm
#3
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: British Citizenship 3(5)
You should re-post in the Moving back to the UK section. You have posted in the Welcome section so won't receive many responses.
Dec 21st 2017, 3:13 am
#4
Concierge
Joined: Apr 2001
Posts: 46,383
Re: British Citizenship 3(5)
Thank you Blueskies for stopping to the Welcome Inn.
We have this lovely little get acquainted area for introductions for new members to tell us a little about themselves and allowing us to welcome you to the world of BE.
Please have a read of the site rules linked on the beige header above.
As San Diego Girl mentioned your question will not generate an answer in this forum.
May I suggest that you repost your inquiry at this forum: Citizenship/Passports and Spouse/Family Visas (UK) - British Expats which is a subforum of the Moving Back to the UK forum. Questions regarding obtaining UK citizenship will be answered there.
Thanks and welcome.
We have this lovely little get acquainted area for introductions for new members to tell us a little about themselves and allowing us to welcome you to the world of BE.
Please have a read of the site rules linked on the beige header above.
As San Diego Girl mentioned your question will not generate an answer in this forum.
May I suggest that you repost your inquiry at this forum: Citizenship/Passports and Spouse/Family Visas (UK) - British Expats which is a subforum of the Moving Back to the UK forum. Questions regarding obtaining UK citizenship will be answered there.
Thanks and welcome.
Dec 21st 2017, 11:04 am
#5
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: British Citizenship 3(5)
In theory, yes, in practice, best avoided. Their applications are likely to take several months to process so popping back for a holiday to lodge an application is unlikely to work. Also three years from June 2018 plus processing time would dovetail naturally with the UK summer holidays in 2021 meaning that if you were to move back then it wouldn't disrupt their education.
