British Passport for our child
Jan 15th 2007, 9:56 am
#1
Just Joined
Thread Starter
Joined: Jan 2007
Posts: 2
British Passport for our child
Hi,
My wife is a British citizen by descent, i'm a Kiwi. We live in France. My wife is pregnant, we would like to get a british passport for our child when he/she is born.
It seems the rules are that children of British citizens by descent born abroad can get a british passport if the parent has, in the past, lived in the UK for 3 years. Within that three year period you can be away from the UK for a maximum of 270 days.
My wife lived in the UK twice, once for 2 years and another time for 2.5 years.
Does the 3 years have to be continuous? does the 4.5 years count? The 2.5 year spell would count as a 3-year spell if the 270 days allowance is allowed at the beginning or end of the period.
Does anyone have any experience of how this relatively vague 3-year rule is applied?
Also, what evidence is needed to show that you lived in the UK for those 3 years?
My wife is a British citizen by descent, i'm a Kiwi. We live in France. My wife is pregnant, we would like to get a british passport for our child when he/she is born.
It seems the rules are that children of British citizens by descent born abroad can get a british passport if the parent has, in the past, lived in the UK for 3 years. Within that three year period you can be away from the UK for a maximum of 270 days.
My wife lived in the UK twice, once for 2 years and another time for 2.5 years.
Does the 3 years have to be continuous? does the 4.5 years count? The 2.5 year spell would count as a 3-year spell if the 270 days allowance is allowed at the beginning or end of the period.
Does anyone have any experience of how this relatively vague 3-year rule is applied?
Also, what evidence is needed to show that you lived in the UK for those 3 years?
Jan 16th 2007, 12:17 am
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: British Passport for our child
Has your wife got any other citizenship? And where were her parents born?
As for you, were you born or naturalised in New Zealand?
It's not "relatively vague". It's set down very clearly in section 3(2) of the British Nationality Act 1981 as amended by the British Overseas Territories Act 2002:
http://www.uniset.ca/naty/BNA1981revd.htm (unofficial)
s 3 Acquisition by registration: minors.
...
(2) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother ("the parent in question").
(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 or 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 and the qualifying territories in that period does not exceed 270.
-------------
What does all this mean?
Subsections 3(a) and (b) restrict this registration entitlement to the second generation born overseas. So your wife needs to have at least one British born or naturalised parent.
The residence period is a continuous 3 year period. However, 2.5 years should do provided there are no other significant absences (because the 270 days absent in 3 years rule should still be met).
Note the time limit of 12 months to make an application. Also note that if you plan to bring the child to live in the UK soon, the child could after 3 years be registered as British under section 3(5) of the Act which gives transmissable British citizenship otherwise than by descent.
Bear in mind that if child is registered as British by descent then he or she cannot then later on be registered or naturalised as British otherwise than by descent.
Strongly recommended to download and read the form and guide MN1. Bear in mind that the Home Office have recently redesigned these forms and made a complete mess - including potentially illegal requests for references etc. Feel free to ignore the bits of the form that do not apply. The Home Office cannot refuse an application that meets the statutory requirements.
http://www.ind.homeoffice.gov.uk/app...msandguidance/
Useful resources:
Home Office leaflet BN4
http://www.ind.homeoffice.gov.uk/app...?view=Standard
Home Office Nationality Instructions (read chapter 10 for this type of registration):
http://www.ind.homeoffice.gov.uk/law...ctions/nismenu
If you want to ask further about British immigration/nationality you should post at: http://www.immigrationboards.com
As for you, were you born or naturalised in New Zealand?
We live in France. My wife is pregnant, we would like to get a british passport for our child when he/she is born.
It seems the rules are that children of British citizens by descent born abroad can get a british passport if the parent has, in the past, lived in the UK for 3 years. Within that three year period you can be away from the UK for a maximum of 270 days.
My wife lived in the UK twice, once for 2 years and another time for 2.5 years.
Does the 3 years have to be continuous? does the 4.5 years count? The 2.5 year spell would count as a 3-year spell if the 270 days allowance is allowed at the beginning or end of the period.
Does anyone have any experience of how this relatively vague 3-year rule is applied?
It seems the rules are that children of British citizens by descent born abroad can get a british passport if the parent has, in the past, lived in the UK for 3 years. Within that three year period you can be away from the UK for a maximum of 270 days.
My wife lived in the UK twice, once for 2 years and another time for 2.5 years.
Does the 3 years have to be continuous? does the 4.5 years count? The 2.5 year spell would count as a 3-year spell if the 270 days allowance is allowed at the beginning or end of the period.
Does anyone have any experience of how this relatively vague 3-year rule is applied?
http://www.uniset.ca/naty/BNA1981revd.htm (unofficial)
s 3 Acquisition by registration: minors.
...
(2) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother ("the parent in question").
(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 or 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 and the qualifying territories in that period does not exceed 270.
-------------
What does all this mean?
Subsections 3(a) and (b) restrict this registration entitlement to the second generation born overseas. So your wife needs to have at least one British born or naturalised parent.
The residence period is a continuous 3 year period. However, 2.5 years should do provided there are no other significant absences (because the 270 days absent in 3 years rule should still be met).
Note the time limit of 12 months to make an application. Also note that if you plan to bring the child to live in the UK soon, the child could after 3 years be registered as British under section 3(5) of the Act which gives transmissable British citizenship otherwise than by descent.
Bear in mind that if child is registered as British by descent then he or she cannot then later on be registered or naturalised as British otherwise than by descent.
Also, what evidence is needed to show that you lived in the UK for those 3 years?
http://www.ind.homeoffice.gov.uk/app...msandguidance/
Useful resources:
Home Office leaflet BN4
http://www.ind.homeoffice.gov.uk/app...?view=Standard
Home Office Nationality Instructions (read chapter 10 for this type of registration):
http://www.ind.homeoffice.gov.uk/law...ctions/nismenu
If you want to ask further about British immigration/nationality you should post at: http://www.immigrationboards.com
