British citizenship by descent question

Old Feb 1st 2015, 7:59 am
  #46  
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Default Re: British citizenship by descent question

Originally Posted by JAJ
If you research the requirements for Section 3(2) you should find that your future child has a good chance of registration, based on the facts submitted.

So you then need to make a decision - Section 3(2) registration straight away, or move to the U.K. with a visa and then Section 3(5) registration later on (before age 18, with good character requirement, etc.).
Thanks JAJ for your prompt reply!
Under section 3(2) there was a point stating that "the child has a grandparent who was a British citizen otherwise than by descent when the parent was born"
However, in the form MN1, this point was not stated clearly....Does it mean that my father has to be a british citizen when I was born (which isnt true in my case) or just my father is a british citizen otherwise by descent is ok?
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Old Feb 1st 2015, 3:23 pm
  #47  
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Default Re: British citizenship by descent question

Originally Posted by complexmic
Thanks JAJ for your prompt reply!
Under section 3(2) there was a point stating that "the child has a grandparent who was a British citizen otherwise than by descent when the parent was born"
However, in the form MN1, this point was not stated clearly....Does it mean that my father has to be a british citizen when I was born (which isnt true in my case) or just my father is a british citizen otherwise by descent is ok?
I stand corrected. Section 3(2) registration requires that the child's grandparent was a British citizen when the parent was born (or a CUKC who became a British citizen in 1983).

The answer is the same as the last time you asked the question.
http://britishexpats.com/forum/citiz...itizen-844798/

And if you read the law, it's at this link:
British Nationality Act 1981

So the comments are the same as last time, either persuade the Home Office to register under discretionary provisions, Section 3(1), or move to the U.K. for 3 years and apply under Section 3(5). I guess the Home Office could always register under Section 3(2) but it would be a mistake if they did.

Last edited by JAJ; Feb 1st 2015 at 5:13 pm.
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Old Feb 1st 2015, 4:50 pm
  #48  
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Default Re: British citizenship by descent question

Originally Posted by complexmic
Thanks JAJ for your prompt reply!
Under section 3(2) there was a point stating that "the child has a grandparent who was a British citizen otherwise than by descent when the parent was born"
However, in the form MN1, this point was not stated clearly....Does it mean that my father has to be a british citizen when I was born (which isnt true in my case) or just my father is a british citizen otherwise by descent is ok?
complexmic

If you are worried about the wording under section 3(2), there is one more thing you can do to get British Citizenship for your unborn child. As a British Citizen, if your wife gives birth in the UK, the child would automatically becomes a British Citizen otherwise by decent.

Hope this helps.
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Old Feb 1st 2015, 5:09 pm
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Default Re: British citizenship by descent question

Thanks a lot for the advices!
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Old Feb 1st 2015, 7:35 pm
  #50  
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Default Re: British citizenship by descent question

Originally Posted by complexmic
Thanks a lot for the advices!
complexmic

Just one more thing - if your wife, as a British Citizen, gives birth in Northern Ireland, your son could get Irish Citizenship as well. Please see link below -

Irish Naturalisation and Immigration Service Citizenship through birth in Ireland

Current Irish Citizenship laws enable Irish Citizenship (unlike British Citizenship) to be be pass further down the generations. Please see link below -

Irish Naturalisation and Immigration Service Citizenship through descent
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Old Feb 3rd 2015, 12:01 am
  #51  
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Default Re: British citizenship by descent question

+1 to above. If she gives birth in NI the baby will have UK citizenship otherwise than by descent as well as Irish citizenship. Now thats a bargain
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Old Feb 12th 2015, 3:24 pm
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Default Re: British citizenship by descent question

Originally Posted by HKG3
My observation on this matter - kingddd's father was given the Right of Abode in the United Kingdom on 29 October 1974. This stamp was added by the Passport Office in London in the 1970s British Passport.

The 1960s passport (numbered 35068) was issued in Hong Kong in 1961. Originally valid for five years, but the holder paid a fee of £1 to extend this passport for another five years.

The 1970s passport (N711409) was issued in Newport (Wales) in 1971 with the Right of Abode stamp added in 1974.
Special thanks to HKG3, your observation of my father old passport is the key turning point of my case. I also thanks all of you in giving me a lot of knowledge.
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Old Feb 15th 2015, 5:18 pm
  #53  
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Default Re: British citizenship by descent question

Originally Posted by kingddd
Special thanks to HKG3, your observation of my father old passport is the key turning point of my case. I also thanks all of you in giving me a lot of knowledge.
kingddd

Thanks for your positive feedback. I am only trying my best to answer your questions.

One more thing, if you don't mind me asking, what is the outcome of your child's case?
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Old Feb 16th 2015, 12:10 pm
  #54  
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Default Re: British citizenship by descent question

Originally Posted by HKG3
kingddd

Thanks for your positive feedback. I am only trying my best to answer your questions.

One more thing, if you don't mind me asking, what is the outcome of your child's case?
I've got it. All thanks to your observation. I would have miss it.
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Old Mar 12th 2015, 7:50 pm
  #55  
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Default Re: British citizenship by descent question

Originally Posted by kingddd
I've got it. All thanks to your observation. I would have miss it.
kingddd

Good to hear that you got what you wanted.
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Old Mar 31st 2015, 1:12 pm
  #56  
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Default Re: British citizenship by descent question

JAJ and any other forum members - I would appreciate your advice.

I was born to an unmarried mother in Rhodesia in 1968.

I was adopted shortly after birth by a Rhodesian Policeman and a Scottish mother [I assume my adoptive mother had a British Passport - but she died when I was young] All of my adoptive mother and fathers relatives live in the UK & Scotland respectively.

We emigrated from Rhodesia in 1980 and have been residents and citizens of South Africa ever since.

I have recently reunited with my birth mother who is also a British citizen living in Zimbabwe.

My questions:
1. Do I have a claim for British citizenship though either my birth mother or adoptive mother?
2. If a claim for citizenship is possible through either - which route do I follow?
3. Would my wife and 2 x children also have a claim for citizenship?

Thanks in advance
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Old Mar 31st 2015, 6:50 pm
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Default Re: British citizenship by descent question

Originally Posted by DavidOpp
JAJ and any other forum members - I would appreciate your advice.

My questions:
1. Do I have a claim for British citizenship though either my birth mother or adoptive mother?
2. If a claim for citizenship is possible through either - which route do I follow?
3. Would my wife and 2 x children also have a claim for citizenship?

Thanks in advance
DavidOpp

With limited knowledge, I will try and answer question 3. As you were born outside the UK, if you claim British Citizenship, you would very likely to receive British Citizenship by descent. As a British Citizen by descent, your children born outside the UK will not automatically become British Citizens. You can get more info from this link -

https://www.gov.uk/register-british-...british-mother

Have you lived in the UK before the birth of your children? If you did, you can register them to become British Citizens under section 3(2) of the British Nationality Act 1981.

https://www.gov.uk/government/public...tizen-form-mn1

Just one question - do you or your wife have other Europeans links (for example Ireland)?
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Old Mar 31st 2015, 6:54 pm
  #58  
 
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Default Re: British citizenship by descent question

Originally Posted by DavidOpp
JAJ and any other forum members - I would appreciate your advice.

I was born to an unmarried mother in Rhodesia in 1968.

I was adopted shortly after birth by a Rhodesian Policeman and a Scottish mother [I assume my adoptive mother had a British Passport - but she died when I was young] All of my adoptive mother and fathers relatives live in the UK & Scotland respectively.

We emigrated from Rhodesia in 1980 and have been residents and citizens of South Africa ever since.

I have recently reunited with my birth mother who is also a British citizen living in Zimbabwe.

My questions:
1. Do I have a claim for British citizenship though either my birth mother or adoptive mother?
2. If a claim for citizenship is possible through either - which route do I follow?
3. Would my wife and 2 x children also have a claim for citizenship?

Thanks in advance
Was your birth mother born in the UK?
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Old Mar 31st 2015, 7:31 pm
  #59  
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Default Re: British citizenship by descent question

Originally Posted by BritInParis
Was your birth mother born in the UK?
BritInParis

My birth mother was born in England
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Old Mar 31st 2015, 7:32 pm
  #60  
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Default Re: British citizenship by descent question

Originally Posted by HKG3
DavidOpp

With limited knowledge, I will try and answer question 3. As you were born outside the UK, if you claim British Citizenship, you would very likely to receive British Citizenship by descent. As a British Citizen by descent, your children born outside the UK will not automatically become British Citizens. You can get more info from this link -

https://www.gov.uk/register-british-...british-mother

Have you lived in the UK before the birth of your children? If you did, you can register them to become British Citizens under section 3(2) of the British Nationality Act 1981.

https://www.gov.uk/government/public...tizen-form-mn1

Just one question - do you or your wife have other Europeans links (for example Ireland)?
HKG3

Thanks for your response

Before I answer your questions I have another. Based on your answer would my claim to citizenship be from my birth mother or adoptive mother?

In answer to your questions:
I lived in the UK for about 7/8 months in my 20's on a gap year before the birth of my children. Would section 3(2) of the BNA apply for this short stay?

My wife's Great Grand Parents where British citizens
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