kingddd

This is the Overseas Registration Unit replay

"Section 3(1) can either be BD if the applicant has a biological British Citizen parent at the time of their birth or OTBD if the applicant has no biological BC parent at the time of their birth. As your father was a British Citizen at the time of your birth by virtue of being born in Hong Kong it appears you are a British Citizen By Descent and unable automatically to pass on British Citizenship to your children also born overseas."

BritInParis

Consular birth registration is only available for persons who are born overseas and have an automatic right to British citizenship at birth. I would again suggest a SAR to HMPO to find out whether you are British by descent or otherwise than by descent. If you are British by descent through S.3(1) registration then your children cannot be registered with the Home Office under S.3(2) even if you had previously lived in the United Kingdom for three or more continuous years as you were not British at birth.

kingddd

I will do that, one question base on what they say

section 3 (1) can be OTBD if the applicant has no biological BC parent at the time of their birth.
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My father was giving Right of Abode in the United Kingdom on 29 October 1974. The British Nationality Act 1981 came into force on 1st January 1983.Under section 11(1) of that Act all those who were citizens of theUnited Kingdom and Colonies and had right of abode in the United Kingdom became British citizens.
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Does it mean I do not have a biological BC parent at the time of my birth. (Jan 74)

JAJ

Are you telling us that the Passport Office record that a person who is British by virtue of section 3(1) registration is "by descent" or "otherwise". Really - why would they do that?


Section 3(2) does not require the British parent to have been a citizen for all of his or her life. Just when the child was born. It also requires that the British parent has a British (otherwise than by descent) parent of his or her own. But on the basis of the facts given, that appears to be the case.

The alternative, of course, is to bring the child to the U.K. with a residence visa in a Hong Kong and then register under Section 3(5) after 3 years.

JAJ

From the British Nationality Act 1981 (extract):
British Nationality Act 1981


14 Meaning of British citizen (by descent).
(1) For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—

...

(c) he is a British citizen by virtue of registration under section 3(1) and either—
(i) his father or mother was a British citizen at the time of the birth; or
(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death

kingddd

It seem that the residence visa for my wife and kid is the only option now.

I just don't understand why the Right of Abode factor don't come into account. Any citizen of the United Kingdom and Colonies without Right of Abode was downgrade to BNO after 83. Does UKCU has the same right as BC?

I also found this from wikipedia.

"Children born in the United Kingdom, British Crown Dependencies and British Overseas Territories to those with right of abode in the UK will normally be British citizens by birth automatically"

Right of abode (United Kingdom) - Wikipedia, the free encyclopedia

kingddd

Anyway the Overseas Registration Unit also suggest me to try the MN1. I will have study the requirement of that carefully. If anyone know that route is also right for me please let me know.

HKG3

kingddd

Please see link below for information on settlement visas for children -

https://www.gov.uk/government/public...nder-the-rules

kingddd

To all who have been helping. thanks for the knowledge all of you have give me.

The updates is Home office is reviewing the case after I added my father passport photo. I don't know what would happen but at least they have been fair and friendly. Wish me luck guys..

HKG3

kingddd

Wish you the best of luck and keep us posted as to the results of the Home Office review.

JAJ

Not sure what is the desired outcome here. But it is perhaps worth pointing out that if the child is not a British citizen, gaining a British passport by mistake doesn't make that child a British citizen. Such a British passport is invalid and can be revoked, or refused renewal, any time in the future.

Unless something has been missed, it's clear that based on the facts presented you're a British citizen by descent. Which means that your child isn't British. And it's far better that your child officially becomes British through Home Office registration (which appears to be an option) instead of having an invalid British passport issued to him or her.

kingddd

Some updates here

Thanks for reminding me JAJ.

I won't take any short cut. If I need to take the family visa route I will do that. I am not applying for a British passport for the kid now. I am trying to register him as a British birth abroad.

The reason they are reviewing the case is that registration under the Section 3(1) can either be BD if the applicant has a biological British Citizen parent at the time of their birth or OTBD if the applicant has no biological BC parent at the time of their birth.

Base on the 70s passport photo. My father has not obtain British Citizenship.

JAJ

Sigh.

You told us in post #27 that your father has a British citizen passport, so he is a British citizen.
And you've already been told, in post #35, the law for determining whether section 3(1) registration confers British citizenship by descent or not.

Based on all the facts shown, I don't think there's any scope for ambiguity here. It's clear that you're a British citizen by descent.

As a result, your child isn't British but has at least two options to become British. It probably will be more productive to focus on the latter than the former.

complexmic

Hello all I have a similar problem concerning section 3(2)...here are my background information:
Me, my wife and our parents are all Chinese living in Hong Kong. Me and my wife's father both got british citizenship through the british nationality selection scheme under section 1(1) which is regarded as citizenships otherwise by descent, and therefore we both obtained our british citizenships under section 1(4) which is regarded as "by descent".
On top of that, me and my wife both had spent more than 3 years in UK when we were attending secondary schools there.

So here comes the question, we are expecting a son in 2 month's time, giving the information above, will my son be able to obtain a british citizenship under section 3(2)? Thanks in advance for helping me out!!

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.).