dreamcast69

Hi I am british born my wife is british by decent her mother and father where both born in Britain.
I have just returned to the UK after being in Canada for 6 years.
Everything has gone ok so far, but I have a question.
My wifes daughter was born in Canada in Jan 2002 and is here in the Uk with us.
I have 2 sons one who was born in Britain ( no problem) my other son was born in Canada he is entitled to be here because of myself and my wife being either british born or by decent.
Obviously my wifes daughter is my stepdaughter what is the position for her what do we need to do to make her a british citizen and get her a passport?
Is there anything I can do? any advice greatly appreciated.
P.S we called immigration and they told us to fill out a registration form, but which one is it as immigration do not make it clear.

Siouxie

http://www.ukba.homeoffice.gov.uk/br...livingintheuk/

or

http://www.ukba.homeoffice.gov.uk/br...britishmother/

BritInParis

If your wife lived in the UK for three consecutive years at any time before your stepdaughter's birth, then you can register her now as a British citizen under S.3(2) BNA 1981. This will give her British citizenship by descent.

http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/

If your wife does not fulfil the residency requirements then you can register your stepdaughter as a British citizen after she has lived with you in the UK for three years under S.3(5) BNA 1981. Ensure you do this before she turns 18. This will give her British citizenship otherwise than by descent.

http://www.ukba.homeoffice.gov.uk/br...livingintheuk/

In both cases the form you will need is Form MN1.

http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/

The current fee is £673 for either type of application.

http://www.ukba.homeoffice.gov.uk/si...ality-fees.pdf

Siouxie

As the step daughter was born before 1st January 2003 she also meets the requirements for being a British National through her Mothers' British Nationality.

I gave links to both the 3 year residential Citizenship and the British Nationality by descent in my post.

BritInParis

The first link you gave was for a S.3(5) registration, but the second link was for a S.4C registration which is for people born before 1983 when British mothers could not pass on their British citizenship in the same way as British fathers. Obviously that doesn't apply in this case!

holly_1948

You could also look into legally adopting your step-daughter.

Siouxie

The law has changed.

This section provides details of how certain people born before 1983 to a British mother can register as a British citizen.

http://www.ukba.homeoffice.gov.uk/si.../guide_ukm.pdf

The requirements

You will be entitled to registration if:

you were born before 1 January 1983; and
you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass on citizenship to their children in the same way as men at the time of your birth; and
had you become a citizen of the United Kingdom and Colonies, you would then have had the right of abode in the United Kingdom; and
the Secretary of State is satisfied that you are of good character.

The law has been written in this way to ensure that only those who would have become British citizens automatically on 1 January 1983, had women been able to pass on citizenship before that date now have an opportunity to become British citizens by registration.

BritInParis

How is this relevant to a child born in 2002? The issue here is passing on British citizenship to a second generation born overseas.

Siouxie

The Mother is automatically a British National as her parents were British.

The child was born in 2002.

The revised law states "born before January 2003"

Therefore, the child is able to claim British Nationality through her Mother.

You will be entitled to registration if:

you were born before 1 January 1983; and
you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass on citizenship to their children in the same way as men at the time of your birth

quoll

Yeah, but the daughter wouldn't have been entitled to citizenship in this case because her mother was BY DESCENT. I think this is muddying the waters a bit as this applies to people born to a UK born mother before 1983 not to a Citizen by descent in 2002!

bkk_mike

The simplest (and cheapest) option is probably just to go through the adoption process, assuming the birth father doesn't object.

Beyond that, once you've lived in the UK for 3 years, the child is entitled to be registered as British (so long as she's still under 18). No discretionary issues so long as the child is of good character (because she's over 10).

http://www.ukba.homeoffice.gov.uk/br...livingintheuk/