happysuits

Hi, my father was registered in 1994 as BC otherwise by descent under s .1(1) of 1990 Act. He was born in Hong Kong and never lived in the UK for a long period of time. I was born in Hong Kong before 1983 and registered in 1994 as a British Citizen by descent (when i was a minor) under BNA (Hong Kong) Act 1990 s.1(4). i lived in the UK subsequently for more than 5 years and then went back to HK.

I gave birth to my daughter in 2013 in Hong Kong. Can I register for her as British citizen by descent, as a minor, under section 3(2) of BNA 1981 please?

one of the conditions under s3(2) 10.5.1 c says that "the mother or father of the parent in question (i.e. the child's grandfather) became or, but for their death, would have become, a British Citizen otherwise than by descent on 1 January 1983". But my father only got registered as BC otherwise by descent in 1994, after i was born. Is my daughter still eligible under s3(2)?

BritInParis

Provided you resided in the UK for three or more consecutive years prior to her birth then, as you are a British citizen by descent, your daughter should be eligible to be registered as a British citizen under S.3(2) BNA 1981.

JAJ

Except that the law says, in regards to the grandparent of the child:
British Nationality Act 1981

(3)The requirements referred to in subsection (2) are—

(a)that the parent in question was a British citizen by descent at the time of the birth; and

(b)that the father or mother of the parent in question—
(i)was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
(ii)became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

(c)that, as regards some period of three years ending with a date not later than the date of the birth—
(i)the parent in question was in the United Kingdom [F3or a qualifying territory] at the beginning of that period; and
(ii)the number of days on which the parent in question was absent from the United Kingdom [F4and the qualifying territories] in that period does not exceed 270.

Curiously, the Nationality Instructions do not refer to subsection (3)(b)(i). Is that a simple omission or an indication that registration may be granted regardless? Or if this is not the intent of the law, would they consider for discretionary registration under section 3(1).
https://www.gov.uk/government/upload.../chapter10.pdf

HKG3

happysuits - if there is another baby on the way, it may be worth looking into whether you want to give birth in Northern Ireland. As a British Citizen, giving birth in Northern Ireland not only give your child British Citizenship otherwise by descent, but also enable to child to get Irish Citizenship, please see link below -

Irish Naturalisation and Immigration Service Citizenship through birth in Ireland

NB - currently, Irish Citizenship can be pass down to even the third or fourth generation, please see this link -

Irish Naturalisation and Immigration Service Citizenship through descent

happysuits

thank you all for your reply and suggestions. what troubles me most is my father is a BC otherwise by descent not when i was born, he only became one later. I think I may apply for a status letter using Form NS to confirm /clarify my son's status.

Gozit

This is a good approach.

JAJ

If you file NS, then you're wasting time and money since unless there's something else relevant that you've not told us (Crown Service, for example, perhaps, or the other parent is British born, etc) then it's clear that your child isn't a British citizen and a form NS application should be refused.

The question is more about whether or not your child can become a British citizen. Did you read post #3?

happysuits

Hi JAJ, here are some further information:
--my father (grandfather of the child) started working as a policeman for the Hong Kong Police Force (which was known as the Royal Hong Kong Police Force when Hong Kong was a Colony of the U.K.) in Hong Kong before I was born and he has recently retired. I am not sure if that counts as Crown Service or that would help under s 3(2).
--myself (mother of child) has never worked for the Crown Service.
--the other parent (father of child) is not BC and not british born.

HKG3

happysuits - I just had a look at the Guide MN1 and for section 3(2) it did not say that the grandparent need to be British Citizen other than by decent at the time of the parent's birth (page 10). Maybe it is worth a try to apply via section 3(2).

HKG3

happysuits - what is the latest?

If you are unable to get British Citizenship for your wee one, would you consider to use the 'family of a settled person' visa to get your child into the UK? Please see link below -

https://www.gov.uk/join-family-in-uk

BritInParis

As per that paragraph I stand corrected although I've never come across a similar case. I would say it is a fairly rare scenario, even within Hong Kong, and most likely not in the spirit of the law given that S.2(1) of the British Nationality (Hong Kong) Act 1990 states that:

It may be advisable to file Form MN1 and see whether the Home Office is willing to register under S.3(2) or, failing that, under S.3(1) given the circumstances.

complexmic

Hello Happysuits I have a very similar situation here......may I know what is your reply from the home office? Thanks!