Laura in China

My younger son was born in Hong Kong. I am born and bred British; DH is naturalised British. Only one grandparent was born in the UK.

We were told that he would not be able to pass his nationality on to his children, unless he went to live in the UK for three years at some point in his life. Thereafter, it would not be a problem. There are similar rules for the US, but I believe it's five years, of which some have to be after the age of ?14?

If this is true, then registering now makes no difference to the future nationality of the child's children, so long as the child, for example, goes to college in the UK.

Was I correctly informed by the consulate?

Thank you

Laura

JAJ

Almost. However there are additional requirements:

- this registration (which is under section 3(2) of the British Nationality Act) is only available to the second generation born overseas. The child being registered must have a UK born or naturalised grandparent.

- the registration must be applied for within 12 months of birth. Lots of people miss the deadline.

- and of course if his children are born in the UK itself, or the Channel Islands or Isle of Man, or in a British Overseas Territory, ir if he is in "Crown Service", then they will automatically be British by birth.

Yes, but in the case of the United Kingdom (different to the US) there are no residential requirements if you are born or naturalised in the UK.


But not everyone is going to attend university in the UK. Particularly as British citizens returning from outside the EU/EEA may be charged overseas student fees.

There is a separate registration facility for children of British citizens by descent who live in the UKwith their family for 3 years before age 18. This is under section 3(5) of the British Nationality Act and gives British citizenship otherwise than by descent.

Take a look at Home Office leaflet BN4:
http://www.ind.homeoffice.gov.uk/app...?view=Standard


Did you get a British style birth certificate for your son, assuming he was born in Hong Kong after 30 June 1997?

Laura in China

Yes

Laura

Del Boy

[QUOTE=JAJ]The British High Commission are wrong. Fees for nationality applications are the same no matter what. They can add a separate consular fee, but no more.

Go back to them and insist on speaking to a supervisor/manager.

The reference is in section 6 of the British Nationality (Fees) Regulations 2003:
http://www.opsi.gov.uk/si/si2003/20033157.htm

"6. - (1) Where an application for the registration of a minor as a British citizen, British overseas territories citizen, British Overseas citizen or British subject is made at the same time as an application under the same or any other provision of the 1981 Act or the 1997 Act for the registration of some other minor having the same parent, the total fee payable in respect of the applications shall be the same as that for a single application.

(incidentally, the rates themselves have changed since 2003, but not this clause)

Correct.

After again receiving advice that 2 fees are payable, the BHC have now confirmed that just the one fee is payable where multiple applications are made at the same time.

Thats a substantial saving, though of course the time spent on hold at $2.60 a minute does reduce it slightly.

Thanks for the pointer on that one.