Kaylarene92

Really needing this question answered. I am a British by decent and lived most of my life in England until end of 2007 as my father had a business there. We moved to the US to save his business but failed then ended up staying there. Years have passed and I have a 2 year old son and I have decided to move back with him. I started filling out form MN1 but I believe that since I am Brit by decent he might not be eligible? My father was born in Southampton and served in the military(before I was born), am I wrong? What are my options?

BritInParis

Was your father serving in the British military when you were born overseas? Which country were you born in?

Pulaski

If you lived in Britain for a period of three continuous years before your child was born then you are able to pass on British citizenship to your child. Periods of overseas travel of upto 90 days each year are permitted within the three years.

Kaylarene92

That's where it gets tricky, I've moved off and on, but does that 3 years have to be right before leasing to his birth?

Kaylarene92

No and I was born in Florida

BritInParis

As Pulaski mentioned, in order to register your son as a British citizen using Form MN1, you need to provide evidence to demonstrate that you lived for three continuous years in the UK at any time before your son was born. This would give your son British citizenship by descent and he would not be able to pass on his British citizenship to any of his own children born overseas unless the other parent is British otherwise than by descent. This would be registration under Section 3(2).

Alternatively you can apply for a settlement visa for your son. This would give him Indefinite Leave to Enter (permanent residence). After three years of living together in the UK you can then apply to register him using Form MN1. This would give your son British citizenship otherwise than by descent allowing him to pass his British citizenship to any of his children born overseas. This would be registration under Section 3(5).

Pulaski

No, at any time prior to the birth. .... For example, you can prove you were at school in the UK, during any period of your school career, for three continuous years (not even three calandar years), you can pass on British citizenship "by descent", as BritInParis said.

Kaylarene92

Then I am okay then I've been there for about 10 years of my life at least. But how is that other than by decent? I have already filled out MN1 I just want to be sure before I spend £936 he will definitely get in

Pulaski

My mistake, a typo. Error now corrected.

BritInParis

If you choose to proceed with Form MN1 now just be mindful that once your son becomes a British citizen by descent then that status is fixed. Going down the settlement visa route first is more expensive in the short term but it is much more advantageous in the long term. You will also need to provide evidence that you spent three continuous years in the UK before your son was born in order to be eligible to apply.

Novocastrian

All very well, but the OP apparently became British merely by being decent. Surely other rules apply here?

BritInParis

Very witty

Kaylarene92

If I do the visa settlement route doesn't that mean he has to live in the U.K. For some time before he gets that? I am trying to move back indefinitely and remove my citizenship from America once I have settled back there. And also applying for the MN1 should I attach a letter explaining why I want him to attain citizenship and the circumstances?

Pulaski

If you wait to register him a British citizen until after you have settled (I am sure BiP can provide the details; I don't remember) your son with be British other than by descent.

You should seriously consider whether it is wise to give up your US citizenship, assuming that is what you mean by "remove my citizenship from America" because if your son later decides to go back to America, you may find it difficult, expensive, or even impossible to get a visa to live there again.

BritInParis

Yes; three years. Other than the extra cost there is no practical disadvantage to doing it this way and would give your son the benefit of British citizenship otherwise than by descent.

Renouncing your US citizenship is a separate decision but would make it extremely difficult for you to ever return to the United States. It's not recommendable under most circumstances.

You don't need to write a letter to accompany Form MN1. Your son will either qualify or not depending on the evidence you present.

It hasn't been mentioned yet but you will need his father's permission to remove your son from the US to the UK even if you are no longer together and you have sole custody.