Sezza

Hi ya i posted this in another thread but think this is the right one

I am a british citizen by descent as both my parents are from the uk and i was born in nz.
I went to the uk in 2005 and left in 2011 as i was pregnant and had my son in australia
Roll on 4 years, i broke up with his father and am now together with a wonderful englishman.
We are talking about going back to the uk to live. Ive researched a bit and i dont pass on my citizenship to my son automatically because mine is from descent.
I am now confused as to how i can get it for him as i read on a post here that i can register him if ive spent 3yrs in england which i have but its unclear when i had to have spent that 3yrs. Can it be 3 years in the time i was there from 2005-2011 as in not consequtive as i was backwards and forwards from uk to nz over that time.
Can someone help at all?
Thank you

Pulaski

Because you are British by descent, living in Britain for any three years prior to the birth of your child(ren) enables you to pass on British citizenship.

Sezza

Ok so say if i did 2 years then went to nz for 12 weeks on holiday then back to the uk for 1 year that would be the 3 years required?

Pulaski

I am not certain exactly how the time in the UK is calculated or evidenced, but broadly speaking yes, two years and then one year would qualify you to pass on citizenship, the three years does not need to be continuous.

Sezza

Awesome thank you!

SanDiegogirl

Read the following Wiki taken from the top of the forum page:

British Citizenship by Descent : British Expat Wiki

You may be able to register your child as British if you fulfill either 3(2) or 3(5) criteria.

You need to read the criteria carefully especially 3(5) which specifies that you can register a child where the child, plus both parents (or one parent, if the parents are separated), has lived in the United Kingdom for at least 3 years immediately preceding the application.

In 3.(2) it states one of the criteria as being:

the British parent has lived in the United Kingdom or a British Overseas Territory for a period of 3 years in which absences do not exceed 270 days

Also your status in the UK from 2005 to 2011 would be important. Were you legally living there or just visiting?

Sezza

Legally As above i am a british citizen by descent

BritInParis

The three years can be at any time during your life prior to the birth of your children overseas but they need to be consecutive. Two years in the UK, a year's absence and then another year in the UK, for instance, wouldn't qualify.

If your father or mother were in Crown service at the time of your birth then you would be British otherwise than by descent and your child would already be British.

Alternatively if either your father or mother were born in Ireland (north or south) then your child would be eligible for registration as a Irish citizen allowing him to live in the UK on an Irish passport without restriction.

Pulaski

Are no gaps permitted at all, i.e. 1095 consecutive days, or are overseas vacations allowed?

If "minor gaps" are permitted, how long can they be, and do they add to the time required, so 30 days of overseas vacations mean 1125 days start-to-finish "in the UK"?

BritInParis

Up to 270 days' absence is permitted. That could be one big chunk or several smaller ones, i.e. holidays abroad. The 270 days can be taken during the 1095 days to make up three years. There is no discretion to accept a longer period of absence than 270 days in the three years before the date of application unless the child was born stateless.

https://www.gov.uk/government/upload.../chapter10.pdf

Pulaski

Thank you, that's very interesting, and may prove useful when the time comes for little Miss P to consider her college/uni options.

SanDiegogirl

Since the OP has not lived in the UK since 2011 does this mean that option 3(5) is no longer available since she does not meet the criteria of living in the United Kingdom for at least 3 years immediately preceding the application.

ie she cannot register the child NOW while still living in Australia/NZ, but would need to live in the UK for three years and then register him/her

HKG3

The OP need to consider that if she applied under section 3(2), the child would become a British Citizen by decent, which means that he would not be able to pass on his British Citizenship to his children born overseas.

Since the OP and her partner is looking to go back and live in the UK, would it be wiser to apply for an UK visa for the little one, the whole family coming over to the UK and live for 3 years and register under section 3(5)?

The advantage of registering under section 3(5) for the little one is that he would become a British Citizen otherwise than by decent which means that he can pass on his British Citizenship to his children born outside the UK.

Sezza

Thanks for the replies. Would the visa be the family settlement visa?
Any idea on costs for that?

kins

Does that include RAF officer? I've always wondered if I am British by descent or otherwise. I was born in Malta.

(Sorry to derail the thread)