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Double descent

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ohara
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Double descent

Post by ohara » Thu Mar 03, 2016 7:22 am

Can someone please help me interpret this, it's purely a matter of interest as I'm applying to naturalise next week anyway, but I wanted to see whether or not I did meet the requirements for registration while I was a minor.
Section 3 of BNA 1981 wrote:3 Acquisition by registration: minors.

(1)If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2)A person born outside the United Kingdom [F1and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made [F2while he is a minor], 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 [F3or 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 [F4and the qualifying territories] in that period does not exceed 270.
Now my mother was British by descent and her father was British otherwise than by descent. The part I cannot interpret are the times:
(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 [F3or 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 [F4and the qualifying territories] in that period does not exceed 270.
My mother lived in the UK since she was a young child until about the age of 18, when she moved back to Finland. She gave birth to me when she was 25 (so she was out of the UK for about 7 years) and then we both moved to the UK about 2 years later and lived there since. So my mother had an unbroken period of residence of probably 15 years or so in the UK before she moved away and then gave birth to me 7 years later. Are the requirements met in this regard?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Double descent

Post by vinny » Thu Mar 03, 2016 7:53 am

It's not applicable to you now, as it's only applicable while the applicant is a minor.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ohara
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: Double descent

Post by ohara » Thu Mar 03, 2016 7:55 am

vinny wrote:It's not applicable to you now, as it's only applicable while you were a minor.
As said at the beginning of post:
Can someone please help me interpret this, it's purely a matter of interest as I'm applying to naturalise next week anyway, but I wanted to see whether or not I did meet the requirements for registration while I was a minor.
:wink:

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Double descent

Post by vinny » Thu Mar 03, 2016 8:02 am

Yes. I think that you were eligible. You probably also met the requirements of 3(5) while you were a minor.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ohara
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: Double descent

Post by ohara » Thu Mar 03, 2016 8:16 am

Double blow! :lol:

Oh well, it's in the past, AN form going off next week :oops:

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