Eligibility for British Pasport

Old May 21st 2013, 11:53 am
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Default Eligibility for British Pasport

Hi I hope I'm in the right place now I am a British citizen by decent ie born outside of the UK. Both of my parents where from the UK (immigrated to South Africa in 1955) they were married in the UK. I was born in SA in 1960 I a have a British Passport and have moved to the UK I have been here for 2 years.I live in Dundee in Scotland. My question is, is my daughter eligible for a British Passport ? If not what would be the requirements for her to join me here in the UK Thank you to anyone who may be able to help.
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Old May 21st 2013, 12:13 pm
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Default Re: Eligibility for British Pasport

When was your daughter born?
Where was your daughter born?
What nationality(s) does the father have?

It's likely that at best it would be the ancestry visa that your daughter would be eligible for.
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Old May 21st 2013, 12:17 pm
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Default Re: Eligibility for British Pasport

Assuming your daughter is not stateless, there are two possibilities I know of which may be relevant. You'll need to check the exact details:
1 - under section 3(2) if YOU lived in the UK for at least 3 years BEFORE she was born (http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/)
In this case she will be British by descent and not have any chance to pass it on to children born outside the UK (unless they are stateless). This route will not work for your Grandkids
A child will have an entitlement to be registered under section 3(2) of the British Nationality Act 1981 if:

they were born outside the United Kingdom; or
they were born after 21 May 2002 outside any of the British overseas territories; and
they were born to parents, one or both of whom are British citizens by descent; and
the parent who is British by descent was born to a parent (the child's grandparent) who was a British citizen otherwise than by descent (or would have been but for their death); and
the parent who is British by descent lived in the United Kingdom at any time before the child's birth for a continuous period of three years*; and
during the period they were living in the United Kingdom the parent was not absent for more than 270 days; and
the application is made before the child's 18th birthday.
Option 2 (Section 3(5)) is to have her join you in the UK for 3 years and then she will have a right to become a citizen other than by descent and pas sit on to your grandkids:
A child will have an entitlement to be registered under section 3(5) of the British Nationality Act 1981 if:

they were born outside the United Kingdom; or
they were born after 21 May 2002 outside any of the British overseas territories; and
they were born to parents who are British citizens by descent; and
the child and their parents have lived in the United Kingdom (or British overseas territory if born after 21 May 2002) for a three year period ending on the day we receive the application; and
the child and their parents have been present in the United Kingdom (or British overseas territory) at the start of that period; and
the child and their parents have not been absent from the United Kingdom (or British overseas territory) for more than 270 days during that period. There is no discretion to ignore absences greater than 270 days; and
both parents consent to the child being registered as a British citizen (unless they are unable to due to death).
If the parents' marriage or civil partnership has ended or they are legally separated, only the child and one parent need to satisfy the residence requirement
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