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registration of child as British citizen under section 3(5)

registration of child as British citizen under section 3(5)

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Old May 28th 2020, 10:48 pm
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Default registration of child as British citizen under section 3(5)

Hi,

I'm a British citizen by descent and am planning to register my children as British citizens, under section 3(5), when we will have lived in the UK for 3 years.
I have some questions about this process:

1. The children are currently in the UK with a family visa which is valid for 2 years and 9 months. Will we have to extend their visas for the short period of time between the expiry of their visas and the date from which we can apply for citizenship, or is there any way around this?

2. Is there anything which we need to know/prepare well in advance? (e.g. having a certain amount of money in our bank account, keeping any specific records for evidence of residence in the UK etc.). I am aware of the rule of no more than 270 days outside the UK during the 3 years period.

3. How difficult is the child registration process? Would you generally recommend doing this with solicitors or is it straightforward enough to do independently?

Thank you.
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Old May 29th 2020, 12:22 am
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Default Re: registration of child as British citizen under section 3(5)

A1. You'll have to extend them. Bear in mind that, unlike a visa application, a citizenship application doesn't automatically extend their right to remain in the UK until a decision is made so they'll need to maintain their legal immigration status until they receive their registration certificates, which will take roughly 3-6 months. You'll also need to have enough evidence of residence to cover a consecutive three year period which may not coincide with their arrival date.

A2. You'll need to provide evidence that your children have resided in the UK for the required three year period.

A3. Unless there are unusual circumstances it should be straightforward for you to complete.
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Old May 29th 2020, 6:49 am
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Default Re: registration of child as British citizen under section 3(5)

Originally Posted by BritInParis
A1. You'll have to extend them. Bear in mind that, unlike a visa application, a citizenship application doesn't automatically extend their right to remain in the UK until a decision is made so they'll need to maintain their legal immigration status until they receive their registration certificates, which will take roughly 3-6 months. You'll also need to have enough evidence of residence to cover a consecutive three year period which may not coincide with their arrival date.

A2. You'll need to provide evidence that your children have resided in the UK for the required three year period.

A3. Unless there are unusual circumstances it should be straightforward for you to complete.
Thank you!
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Old May 16th 2021, 4:05 pm
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Default Re: registration of child as British citizen under section 3(5)

Hello,

If I could follow up on my questions from the previous post above-

When applying for family visa extension for my children, we are supposed to pay IHS for the entire visa extension period (2.5 years). However, they will be able to apply to register as British citizens under section 3(5), three months after the visa extension application. Must we pay IHS for for the entire 2.5 year period anyway? Can the IHS initially be paid for a shorter period of time? Or can it be partially refunded later on, once they are registered as citizens?

Thank you again
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Old May 16th 2021, 7:55 pm
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Default Re: registration of child as British citizen under section 3(5)

Originally Posted by guypol
Hello,

If I could follow up on my questions from the previous post above-

When applying for family visa extension for my children, we are supposed to pay IHS for the entire visa extension period (2.5 years). However, they will be able to apply to register as British citizens under section 3(5), three months after the visa extension application. Must we pay IHS for for the entire 2.5 year period anyway? Can the IHS initially be paid for a shorter period of time? Or can it be partially refunded later on, once they are registered as citizens?

Thank you again
You’ll need to pay for the full length of the visa. You may receive a refund after your children are registered if you apply for one but it would be at the discretion of the Home Office so I wouldn’t hold your breath.
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Old Apr 23rd 2022, 7:42 am
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Default Re: registration of child as British citizen under section 3(5)

It has been 8 months since I submitted family visa extension applications for my children, and I'm still waiting for a decision.

Should it be possible and recommended to initiate a registration process for them (under section 3(5)) while they are still waiting for a decision on their visa extension, or is there any reason to wait until they get a decision on their visas first? Their previous visas have already expired last year.

Is there a service standard for section 3(5) registration applications? How long do these applications typically take until decision?
Apparently There is no service standard for our type of family visa applications, and it is taking a very long time to get an answer.

Thank you
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Old Apr 23rd 2022, 11:53 am
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Default Re: registration of child as British citizen under section 3(5)

Originally Posted by guypol
It has been 8 months since I submitted family visa extension applications for my children, and I'm still waiting for a decision.

Should it be possible and recommended to initiate a registration process for them (under section 3(5)) while they are still waiting for a decision on their visa extension, or is there any reason to wait until they get a decision on their visas first? Their previous visas have already expired last year.

Is there a service standard for section 3(5) registration applications? How long do these applications typically take until decision?
Apparently There is no service standard for our type of family visa applications, and it is taking a very long time to get an answer.

Thank you
Theoretically you could submit their applications for registration now but given the high cost involved I would recommend erring on the side of caution and wait until you received their new visas. Registration applications can take up to six months but you can typically expect a decision within three months.
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