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Kids born abroad, British citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Hali2021
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Canada

Mn1 kids born in Canada

Post by Hali2021 » Fri Sep 17, 2021 7:35 pm

Hello,
I hope you are all doing well.
I am not sure if this is the right way to post.
My situation is this:
My husband British citizen by descent, has lived in the uk for 30 years. Now in Canada since 2014.
My husband father is British citizen otherwise than by descent. Through ILr received citizen ship in 1992.
My kids are 5,6,and 8 years old. Born in Canada and never lived in Uk.
Please advise me if they qualify for citizenship through section 3(2)?
What makes me hesitant, is that my husband’s father on my became citizen in 1992, not before my husband was born.

Thank you

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CR001
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Re: Mn1 kids born in Canada

Post by CR001 » Fri Sep 17, 2021 7:39 pm

How did your husband become British by descent?

Where was he born and what year was he born?
Char (CR001 not Casa)
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secret.simon
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Re: Mn1 kids born in Canada

Post by secret.simon » Fri Sep 17, 2021 7:46 pm

Was your husband born in the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hali2021
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Posts: 10
Joined: Fri Sep 17, 2021 7:27 pm
Canada

Re: Mn1 kids born in Canada

Post by Hali2021 » Fri Sep 17, 2021 7:47 pm

My husband was British by descent and was born in 1976. Moved to the uk when he was 10.
Thank you

secret.simon
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Re: Mn1 kids born in Canada

Post by secret.simon » Fri Sep 17, 2021 7:50 pm

If your husband was born in 1976 and his father became a British citizen in 1992, then he cannot be a British citizen by descent. Citizenship by descent, in most cases, requires one of the parents to have been a British citizen at the time of the person's birth.

It is much more likely that he was registered as a British citizen along with his father in 1992, unless his mother was a British citizen otherwise than by descent before his birth.

And if he was registered as a British citizen , it is unlikely (but not impossible) that he is a British citizen by descent.

Check with him and with his father if either of them have a separate registration certificate in his name.

As he would have been in his late teens at the time of the registration, he may recall if he was registered or not.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hali2021
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Posts: 10
Joined: Fri Sep 17, 2021 7:27 pm
Canada

Re: Mn1 kids born in Canada

Post by Hali2021 » Fri Sep 17, 2021 7:58 pm

I asked my husband he said that he lived in the UK 3 years before his father and all his brothers and sisters applied for British citizenship at the same time including the mother.
He doesn’t have access to the documents in Canada.
Does this mean that kids can apply for a British passport?
Thank you

secret.simon
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Re: Mn1 kids born in Canada

Post by secret.simon » Fri Sep 17, 2021 8:02 pm

If he has a registration certificate, get him to check the section of the British Nationality Act 1981 stated on the certificate that he was registered under. That will determine if his children were automatically British citizens by descent or not.

He will need to get his registration certificate to apply for a British passport for his children. If his parents have the certificate, can they despatch it to him by courier or mail? Or he could collect it from them in person in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hali2021
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Canada

Re: Mn1 kids born in Canada

Post by Hali2021 » Fri Sep 17, 2021 8:05 pm

Thank you for taking time to explain to me.
We contacted grandparents in the UK. And we will have to wait until tomorrow for them to check the documents and confirm the section that my husband was registered under.
I will post it tomorrow.
Thank you

Hali2021
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Joined: Fri Sep 17, 2021 7:27 pm
Canada

Re: Mn1 kids born in Canada

Post by Hali2021 » Sat Sep 18, 2021 5:21 pm

Hello,
Please note that my husband got his citizenship section 3(1). What does it mean please for my kids application?
Thank you

Hali2021
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Posts: 10
Joined: Fri Sep 17, 2021 7:27 pm
Canada

Kids born abroad, British citizenship

Post by Hali2021 » Sat Sep 18, 2021 5:52 pm

Good afternoon,
I need advice please on British citizenship for my kids born in Canada.
My husband born in Morocco, lived in uk since 10 years old. On 2015 moved to Canada.
My husband acquired BC through section 3(1). Both his parents born abroad and all the family got citizenship in 1993 section 3(1).
I wish to apply for my kids British citizenship, please advise me if the need to apply for mn1? Or other way?
Thank you

secret.simon
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Re: Kids born abroad, British citizenship

Post by secret.simon » Sat Sep 18, 2021 6:48 pm

If neither parent of your husband were British citizens at the time of his birth, then registration under Section 3(1) makes your husband a British citizen otherwise than by descent. That makes his children born anywhere in the world (outside the UK) British citizens by descent.

Apply directly for a British passport for the children, with his registration certificate and the children's birth certificates.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hali2021
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Posts: 10
Joined: Fri Sep 17, 2021 7:27 pm
Canada

Re: Kids born abroad, British citizenship

Post by Hali2021 » Sat Sep 18, 2021 6:56 pm

Thank you so much for all the valuable information.
Have a wonderful weekend!

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