iwshim

I am British by decent - If i register my son as British they will not automaticaly get citizenship; however, will they qualify for special visa status such a "Right of Abode" ?

thanks!

HKG3

If you stayed in the UK for three years or more before the birth of your son, then you can apply for the child to be register as a British Citizen under section 3(5) of the 1981 British Nationality Act. Please read the link below -

https://www.gov.uk/government/upload...ember_2015.pdf

BritInParis

If you spent three consecutive years in the UK before your son was born then you can register him as a British citizen by descent under Section 3(2) of the British Nationality Act 1981 using Form MN1. However this status would prevent him passing on his British citizenship to any children of his own who are born outside the UK.

If you wish to move back to the UK with your son then I would recommend applying for a settlement visa for him instead. He would receive Indefinite Leave to Enter (ILE) and then after three years in the UK you could register him under Section 3(5) of the British Nationality Act 1981 using Form MN1. This would give him British citizenship otherwise than by descent and his children would be British citizens regardless of where they were born.

You're thinking of Section 3(2) but otherwise correct.

iwshim

settlement visa - thanks!!!! many advantages to that. I will aply today.

BritInParis

Only apply if you want to move back to the UK with your son right away. Little point in doing it otherwise.

iwshim

Have I missed something? I applied here for my son - https://www.gov.uk/register-a-birth
Even though I am British by Decent, I thought I could register the birth (not register my son as a citizen but record his birth in the UK) . I know he is not automatically a citizen + but I thought the birth would be recorded as evidence for a later application of "Indefinite Leave to Enter". Is there a different process to register a birth?

BritInParis

You can only register the birth of British citizens born abroad. If your son wasn't automatically a British citizen at birth then any application to register his birth will be rejected.

Kentse1973

I have the similar case.
I am a BC by descent registered in Sep 1992. During that time till July 1997, I received full time education in College & Universities, so should more than 3 years of staying in the U.K.
If I want to register my child as BC (he wasn't born in the U.K.), how can I proof my residency during 92-97? Can letters from universities & college to proof I was their full time student be adequate?
Thx

BritInParis

Providing your child was born after 1997 then, yes, he or she would be eligible for registration under Section 3(2). Letters and/or academic transcripts from your college and university would be primary pieces of evidence. Anything else you have from this period would be helpful - old bank statements, bills, tenancy agreements, P45s/P60s, payslips etc..

Kentse1973

Thx BP

spouse of scouse

I wonder if I'm eligible for British citizenship by indecent? My great-grandmother liked to show her frilly knickers when she'd been into the cooking sherry.

scot47

Spouse of Scouse should know that free-born Brtions can spell words any way they want. It says so in Magna Carta.

Pollyana

spouse of scouse

Is that a free born Brtion by decent?

scot47

I dissent from that opinion.