British by Descent, kids and S.3(5) BNA 1981

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Old Sep 26th 2020, 10:53 pm
  #1  
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Default British by Descent, kids and S.3(5) BNA 1981

Hello-

I posted several years ago about obtaining UK citizenship [via S.3(5) BNA 1981] for my two US citizen children given that I am a UK citizen by descent living in the US (US & UK passport holder). My US citizen husband and I had hoped to relocate to the UK as a family for 3-4 years (applying for settlement visas via Cat D savings route) for this purpose but my husband was not able to relocate at that time.


My daughter (now age 16) is considering attending a UK university. If she ends up studying in the UK, and my husband and I relocate to UK and live there 3+ years, could we still use the S.3(5) BNA 1981 route for applying for UK citizenship for my son (who would be 14 years old at that time)? I seem to remember reading that the whole family would need to be move but not sure how this would be affected is one child is 18 or over? I understand that my daughter would not be able to get UK citizenship as she would not be living in the UK 3 years before turning 18.

Thank you in advance for any insight.
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Old Sep 27th 2020, 4:12 pm
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Default Re: British by Descent, kids and S.3(5) BNA 1981

You and your husband would both need to live in the UK with your son for three years in order for him to be eligible. Where your daughter is living will not be relevant to your son’s application.
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Old Sep 27th 2020, 4:54 pm
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Default Re: British by Descent, kids and S.3(5) BNA 1981

Thank you for your prompt reply, BritInParis! I was hoping this was the case- just wanted to get clarification.
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