section 3(1) registration

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Old Oct 21st 2010, 9:20 pm
  #1  
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Post section 3(1) registration

Hi,

I need some clarification regarding weather a registration by section 3(1) is by descent or not. Poster JAJ seems pretty clued up but I have been unable to find any related replies.

I want to know if my boys ( still small children ) have any claim to british nationality.( I know that they can make use of the ancestry visa one day if they wish.)

There mother was born in the 70's in South Africa to a mother born in the 50's in the UK. So their mother was registered section 3(1) under policy annouced in 1979.

So when their mother was born, her mother was not a british citizen. She was a CUKC with ROA.

So is their mothers citizenship by descent or otherwise?

Thanks
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Old Oct 22nd 2010, 11:30 pm
  #2  
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Default Re: section 3(1) registration

If she has a section 3(1) registration then it must have been done in 1983 or later. Is that the case?

As a general rule, a person registered under s3(1) is a British citizen by descent if (and only if) a parent of that person was British when they were born.

For more detail read Chapter 20 of the Nationality Instructions:
http://www.ukba.homeoffice.gov.uk/po...ctions/nivol1/

If the mother has lived in the UK before, or if children are brought to live in Britain, they could possibly get British citizenship that way. Also, any chance one of the grandparents was born in Ireland or Northern Ireland?
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Old Oct 25th 2010, 8:44 pm
  #3  
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Smile Re: section 3(1) registration

Hi, and thanks for the reply.

yes registered after 1983.

When you say "British", do you mean bitish citizen or CUKC or Both?

Thanks
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Old Oct 25th 2010, 11:49 pm
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Smile Re: section 3(1) registration

20.2.4 e. of chapter 20. This seems to b my answer.

Thanks
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