Can my child register as British citizen?
Jun 25th 2016, 3:06 am
#1
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Can my child register as British citizen?
I hope someone could give advice or share their similar experience. Thx in advance.
Background
My Dad &I both registered as Biritish citizens in 1992, he was otherwise than by descent & I was by descent coz of him. Since than I was living in the UK for more than 3 years. My child was born in 2008 in Hong Kong.
Question
I wonder is my child eligible to register as British citizen under section 3(2) on page 9 for the below link.
I don't quite understand the meaning of "the parent who is British by descent must have been born to a parent who was a British citizen otherwise than by descent (or if that person died, then they would have been a British citizen otherwise than by descent but for their death)."
Does it mean my Dad had to be British citizen otherwise than by descent when I was born?
https://www.gov.uk/government/upload...ember_2015.pdf
Background
My Dad &I both registered as Biritish citizens in 1992, he was otherwise than by descent & I was by descent coz of him. Since than I was living in the UK for more than 3 years. My child was born in 2008 in Hong Kong.
Question
I wonder is my child eligible to register as British citizen under section 3(2) on page 9 for the below link.
I don't quite understand the meaning of "the parent who is British by descent must have been born to a parent who was a British citizen otherwise than by descent (or if that person died, then they would have been a British citizen otherwise than by descent but for their death)."
Does it mean my Dad had to be British citizen otherwise than by descent when I was born?
https://www.gov.uk/government/upload...ember_2015.pdf
Jun 25th 2016, 12:38 pm
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Can my child register as British citizen?
Can you confirm specifically whether you registered under S.1(1) or S.1(4) of the British Nationality (Hong Kong) Act 1990?
Jun 26th 2016, 1:52 am
#4
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Location: Not in Paris
Posts: 18,194
Re: Can my child register as British citizen?
If you were registered as a British citizen under S.1(4) of the British Nationality (Hong Kong) Act 1990 then you are a British citizen by descent as your father was registered as a British citizen under S.1(1) of the British Nationality (Hong Kong) Act 1990 and is therefore a British citizen otherwise than by descent.
In order to register your children under S.3(2) of the British Nationality Act 1981 the following needs to be true:
So we can see that whilst (a) is true neither (b)(i) or (b)(ii) is. I've had a look online and there doesn't seem to be an exception made for people like yourself. They may be a possibility of registering your child at the Home Secretary's discretion under S.3(1) but again I could find no examples of a successful application made in the same circumstances (although that is not to say it wouldn't be successful either).
In order to register your children under S.3(2) of the British Nationality Act 1981 the following needs to be true:
(a) that the parent in question was a British citizen by descent at the time of the birth; and
(b) that the father or mother of the parent in question—
(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
(ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death;
(b) that the father or mother of the parent in question—
(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
(ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death;
Jun 26th 2016, 4:15 am
#5
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Re: Can my child register as British citizen?
If you were registered as a British citizen under S.1(4) of the British Nationality (Hong Kong) Act 1990 then you are a British citizen by descent as your father was registered as a British citizen under S.1(1) of the British Nationality (Hong Kong) Act 1990 and is therefore a British citizen otherwise than by descent.
In order to register your children under S.3(2) of the British Nationality Act 1981 the following needs to be true:
So we can see that whilst (a) is true neither (b)(i) or (b)(ii) is. I've had a look online and there doesn't seem to be an exception made for people like yourself. They may be a possibility of registering your child at the Home Secretary's discretion under S.3(1) but again I could find no examples of a successful application made in the same circumstances (although that is not to say it wouldn't be successful either).
In order to register your children under S.3(2) of the British Nationality Act 1981 the following needs to be true:
So we can see that whilst (a) is true neither (b)(i) or (b)(ii) is. I've had a look online and there doesn't seem to be an exception made for people like yourself. They may be a possibility of registering your child at the Home Secretary's discretion under S.3(1) but again I could find no examples of a successful application made in the same circumstances (although that is not to say it wouldn't be successful either).
Jun 26th 2016, 5:51 pm
#6
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Can my child register as British citizen?
If that was a practical proposition for you then in the long run it would be much more beneficial to your family as if your child was registered under S.3(5) rather than S.3(2) then they would become a British citizen otherwise than by descent and therefore your grandchildren would automatically be British citizens regardless of where they were born.
Jun 26th 2016, 6:55 pm
#7
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Re: Can my child register as British citizen?
There may be something I'm not aware of but that appears to be the case, yes. You would need to move to the United Kingdom start the three year period before your child turned 15 in order to ensure they were still under 18 when they become eligible to be registered, so within the next six to seven years.
When moving to the UK, the OP may need to think about the spouse visa requirements for the non-British Citizen spouse.
BIP - will the child in the case get ILE or limited leave to enter under current rules?
Jun 26th 2016, 9:30 pm
#8
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Can my child register as British citizen?
The OP may wish to consider moving the family to the UK when your child finishes primary education in Hong Kong, so that your child starts secondary education in the UK. This will give you a few years to plan - where to stay etc.
When moving to the UK, the OP may need to think about the spouse visa requirements for the non-British Citizen spouse.
BIP - will the child in the case get ILE or limited leave to enter under current rules?
When moving to the UK, the OP may need to think about the spouse visa requirements for the non-British Citizen spouse.
BIP - will the child in the case get ILE or limited leave to enter under current rules?
Jun 26th 2016, 10:34 pm
#9
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Joined: Jun 2016
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Re: Can my child register as British citizen?
There may be something I'm not aware of but that appears to be the case, yes. You would need to move to the United Kingdom start the three year period before your child turned 15 in order to ensure they were still under 18 when they become eligible to be registered, so within the next six to seven years.
If that was a practical proposition for you then in the long run it would be much more beneficial to your family as if your child was registered under S.3(5) rather than S.3(2) then they would become a British citizen otherwise than by descent and therefore your grandchildren would automatically be British citizens regardless of where they were born.
If that was a practical proposition for you then in the long run it would be much more beneficial to your family as if your child was registered under S.3(5) rather than S.3(2) then they would become a British citizen otherwise than by descent and therefore your grandchildren would automatically be British citizens regardless of where they were born.
Thx for your help & really appreciate it.
Jun 27th 2016, 12:23 am
#10
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Thread Starter
Joined: Jun 2016
Posts: 58
Re: Can my child register as British citizen?
The OP may wish to consider moving the family to the UK when your child finishes primary education in Hong Kong, so that your child starts secondary education in the UK. This will give you a few years to plan - where to stay etc.
When moving to the UK, the OP may need to think about the spouse visa requirements for the non-British Citizen spouse.
BIP - will the child in the case get ILE or limited leave to enter under current rules?
When moving to the UK, the OP may need to think about the spouse visa requirements for the non-British Citizen spouse.
BIP - will the child in the case get ILE or limited leave to enter under current rules?
Jun 29th 2016, 5:25 pm
#13
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Joined: Sep 2014
Posts: 1,114
Re: Can my child register as British citizen?
UKCISA
Being a British Citizen alone does not qualifies for 'home' fees - you need to be ordinarily resident in the UK for three years prior to the start of the degree programme in order to be class as a 'home' student.
Jun 29th 2016, 11:06 pm
#14
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Re: Can my child register as British citizen?
You will want to read the link below -
UKCISA
Being a British Citizen alone does not qualifies for 'home' fees - you need to be ordinarily resident in the UK for three years prior to the start of the degree programme in order to be class as a 'home' student.
UKCISA
Being a British Citizen alone does not qualifies for 'home' fees - you need to be ordinarily resident in the UK for three years prior to the start of the degree programme in order to be class as a 'home' student.
I was a home student when studied my 1st degree & postgraduate degree in the 90s. That's 3 years period need to be count before the course?
Jun 30th 2016, 7:27 am
#15
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Re: Can my child register as British citizen?
A friend of mine just received the visa for her children. The visa stated they can stay for 33 months.
Is that visa so called ILE?
So after 33 months, they have to apply for ILR? Once received the ILR, then can apply for citizenship?
How long they need to apply before the visa expire?
Is that visa so called ILE?
So after 33 months, they have to apply for ILR? Once received the ILR, then can apply for citizenship?
How long they need to apply before the visa expire?