Nnohaj

Hi, my mother in law found an article about section 3(2) if I give birth outside the UK. (Brit in Paris helped me last time with section 3(5).) My husband is British by descent, I’m Filipina. Husband lived in UK for 10 yrs during his primary, secondary and uni, then left UK to work in Middle East until now. We got married in UK last 2016 if it helps. Considering these info, do you think we can register our child as British Citizen if I give birth here in Dubai or Philippines? Thanks a lot.

BritInParis

You can do but bear in mind that it could take a very long time for your child to be registered and a passport to be issued, possibly over a year, and your child would only be granted British citizenship by descent. Giving birth in the UK would be best. If that’s not possible then giving birth abroad followed by a child settlement visa and S.3(5) registration after three years would be your second best option.

Nnohaj

Over a year??Yes that’s a long time. Does UK allow dual citizenship? Say we apply a Philippine passport for the baby just to travel abroad?

BritInParis

The UK permits dual citizenship and your child could travel on a Philippine passport but if your plan is to move together as a family to live in the UK then I would strongly recommend not registering your child under S.3(2) and apply instead for a child settlement visa.

Nnohaj

Okay got it. Thanks Bip!

cyrian

If a UK citizen is born outwith the UK, is a child also born outside the UK eligible for UK citizenship?

BritInParis

You might need to rephrase that

HKG3

A child born outside of the UK with only a British Citizen by descent parent can register for British Citizenship under section 3(2) of the British Nationality Act 1981 if the British Citizen by descent parent spent at lease three years in the UK before the birth of the child.

cyrian

Thanks

Nnohaj

If for example section 3(2) was applied in British Embassy in Dubai, can the child still travel to the UK using child’s other Philippine passport? Or does child have to stay out of UK until section 3(2) process is completed? Thanks in advance.

HKG3

Section 3(2) registration for British Citizenship is dealt with by the Home Office in the UK, not the local British Embassy.

Nnohaj

Okay so from Dubai how do we apply for Section 3(2)?

HKG3

You will need to send the completed form and supporting documents to the UKVI in Liverpool -

Department 1
UKVI
The Capital
New Hall Place
Liverpool
L3 9PP