British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   BC section 3(1) BD or OTBD (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/bc-section-3-1-bd-otbd-912702/)

Catsneeze May 12th 2018 7:34 pm

BC section 3(1) BD or OTBD
 
Hello,

I have read several threads to try and figure out what “type” of British citizen I am and wether or not I can pass the British nationality to my children. I think I have understood but would appreciate confirmation.
I was born in Brussels in 1977 to a British mother born in York and Belgian father born in Brussels. In 1985 my father passed away and my mother (who was working for Nato but thinking of moving back to the UK) applied, as a widow, to get me registered as a British citizen. I was registered as a british citizen under the 1981 act, under section 3(1) in 1992.
My understanding is that because my mother was alone, I would have been registered as a british citizen other than by descent, is that correct?
Our family have lived on the IOM for six years now and I could register my kids under section 3(5) but I am wondering if that is necessary?

thank you.

BritInParis May 12th 2018 9:26 pm

Re: BC section 3(1) BD or OTBD
 
A lot to unpack there. Where were your children born? What nationality is the father?

Catsneeze May 13th 2018 6:34 am

Re: BC section 3(1) BD or OTBD
 
Hi, sorry about that, the father of my children is French, of French parents and born in France. My eldest child was born in Belgium, my second was born in France. Both have French passeports but my children have lived most of their lives on the IOM and English is their first language.
The father of the children ( my partner) and I have been together for fifteen years but we are not married. We have a French PACS which was done a couple of years after the birth of my first child. The father has legally recognised both of our children.
Hope this helps.
Thank you.

BritInParis May 13th 2018 11:31 am

Re: BC section 3(1) BD or OTBD
 
Thanks. One more question, what was your occupation when your children were born?

Catsneeze May 13th 2018 1:37 pm

Re: BC section 3(1) BD or OTBD
 
I was, and still am, self-employed.
Thanks.

BritInParis May 13th 2018 2:14 pm

Re: BC section 3(1) BD or OTBD
 
On the face of it you are a British citizen by descent, as this is what registration under S.3(1) will give you if your British parent was a British citizen at the time of your birth as per S.14(1)(c).

If your family has spent at least the last three years living together on the Isle of Man and your children are all under 18 then I would recommend applying to register them as British citizens under S.3(5) as this would give them all British citizenship otherwise than by descent. You will need to use Form MN1. The fee for each child is currently £1031.20. As you are on the Isle of Man you will need to send the applications to the Isle of Man Nationality Service rather than the Home Office in Liverpool. From memory the certificates will be issued by the Lieutenant-Governor rather than the Home Secretary.

Catsneeze May 13th 2018 5:37 pm

Re: BC section 3(1) BD or OTBD
 
Thank you very much for your time Brit in Paris.
Not ideal, but glad I only have two monsters to register.

All the best x

BritInParis May 13th 2018 6:23 pm

Re: BC section 3(1) BD or OTBD
 

Originally Posted by Catsneeze (Post 12498761)
Thank you very much for your time Brit in Paris.
Not ideal, but glad I only have two monsters to register.

All the best x

Not great in the short term due to the financial outlay but it should prove worthwhile in the future if you have grandchildren born outside the UK. Come back and let us know how you get on.

Catsneeze May 13th 2018 7:20 pm

Re: BC section 3(1) BD or OTBD
 
I will do. :)
Going to the Douglas immigration and nationality office this week, will keep you informed on what is said.


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