The Steel

Hello Everyone,
I can't seem to get my head around the immigration rules that apply in my situation, and was hoping to get some advice. My wife and I are expecting our first child early next year, and we're debating whether the baby should be born in the UK or where we currently live, Abu Dhabi. Background is as follows:

• I am a British Citizen by Descent, born in 1981
• Both my parents are British Citizens otherwise than by descent
• I've previously lived in the UK for 4 years while studying at University
• My wife is a non-EEA citizen (Ukraine)
• Our children would not be eligible for Ukrainian or UAE citizenship

Do these circumstances mean our child would be eligible for British Citizen by descent per section 3(2)? And if so is there an agency within the UK Gov I can contact to confirm this is the case?

Thanks in advance for your help!

HKG3

You can try the link below -

https://www.gov.uk/register-british-...orn-outside-uk

Your child can be register as a British Citizen under section 3(2) of the British Nationality Act 1981 as you (the parent with British Citizenship by descent) lived in the UK for more than 3 years before the birth of the child. Use form MN1 for your application -

https://www.gov.uk/government/public...tizen-form-mn1

Please note that your child's British Citizenship gained from section 3(2) cannot be pass down to the next generation (your grandchildren) if they are born outside the UK.

BritInParis

You say both your parents are British - do you hold any other citizenships? Which country were you born in? What was your parents' employment at the time of your birth?

Assuming the facts are as you state then if your child is born in the UK then he or she would be British otherwise than by descent meaning they could pass on their British citizenship to any child born outside the UK. As HKG3 points out they would not be able to do this if registered under S.3(2).

Alternatively the child could be born outside the UK, bought in on a child visa and then registered as a British citizen under S.3(5) which does confer British citizenship otherwise than by descent.

Gozit

Ah but this isn't an option since the child isn't eligible for any other citizenship as per OP

The Steel

Thank you for the replies. In answer to your questions:

No, I don't hold any other citizenship.
I was born in the UAE.
Father was employed, mother was not.

I think the issue for a S.3(5) registration would be getting the child to the UK, I'm massively out of touch but I don't think children can travel on their parents passports anymore?

BritInParis

That would be a fairly unusual situation.

Was your father employed in British government service in any capacity?

You are correct - children must have their own passport. Why wouldn't your child be eligible for Ukrainian citizenship?

The Steel

No, father was not in government service.

Wife is from Crimea, which is not quite Ukraine and not quite Russia at the moment!

BritInParis

BAE Systems then or similar? Okay, so if your father wasn't in Crown service then your child won't automatically be British at birth if born outside the UK unless you are currently in Crown or similar service yourself. You'll need to go down either the S.3(2) or S3(5) registration route.

Which passport does she hold? Depending on which side she decided to take after the annexation then your child would be eligible for Ukrainian and/or Russian citizenship.

The Steel

Hi,
No, father was not employed by BAE or anything defense/diplomatic related, he was employed in construction.

We've spoken to the Ukrainian embassy here, and they've confirmed the child could get Ukrainian citizenship. We'll be asking the Russian embassy shortly, as my wife has a Russian passport as well.

With regards to the S3(5) route, if the baby was registered Ukrainian, got a visa to the UK, and registered as a British citizen whilst in the UK, it appears the baby, my wife and I needs to be resident in the UK for a minimum of 3 years; which is a bit of an issue.

As an aside, I had emailed [email protected] a few days ago (2nd), any idea how long they take to get back to you? Should I have received an automated reply?

BritInParis

In that case I think your choices boil down to a) having the child in the UK for which your wife would need a visa and you would need to pay for the care you receive on the NHS or go private but the child receiving British citizenship otherwise than by descent and b) having the child in the UAE and having them registered under S.3(2) acknowledging that they would be unable to pass on their citizenship to any further generations born outside the UK.

What was your query? You may wish to try [email protected]

The Steel

I had emailed them my original question regarding citizenship eligibility under S3(2). I was hoping to get something at least semi-official confirming we were eligible.

HKG3

Have you read the 'official' links I put down in my earlier reply (#2)?

If you want an 'official' answer from the Home Office, why post your question on this site at the first place?

Sometimes one feels that it can be a waste of time answering questions here!

Gozit

Is

c) Have child in UAE, get Ukrainian and/or Russian passport for the child, get UK child visa and go back to UK and register under s.3(5) otherwise than by descent?

also an option in this case?

BritInParis

You'll never get an official answer until you make the application. All they will likely do is refer back to the information already available online.

It would be except the OP doesn't want to/cannot move to the UK for three years with his family.

venuslary

I had the same problem.
I am a single mom born in Japan to a UK father and wanted to give birth in another country. found out that since I am not married and a UK citizen by descent, there is a huge chance that my child will be stateless.
never got an answer f\through email so called home office in UK and they confirmed that if I gave birth in UK, my child will be UK citizen otherwise by descent.
Now I am back in UK, waiting for the arrival. although the costs, I personally think it will be way more simple just to get back to UK for a while.