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Apply for child's BC by descent while in UK on tourist visa?

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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CBoff
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Joined: Thu Apr 25, 2019 9:01 am
South Africa

Apply for child's BC by descent while in UK on tourist visa?

Post by CBoff » Thu Apr 25, 2019 9:07 am

I'm applying for citizenship for my 4-year-old daughter via MN1 section 3(2).
She is South African-born and on a South African passport. Can I apply while she is in the UK on the tourist visa she already has?
If I have to apply from outside the UK it will delay our immigration and jeapordise my job in the UK.

With thanks

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CR001
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South Africa

Re: Apply for child's BC by descent while in UK on tourist visa?

Post by CR001 » Thu Apr 25, 2019 9:19 am

How are you or did you become British??

When last and for how long did you live in the UK?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Apply for child's BC by descent while in UK on tourist visa?

Post by secret.simon » Thu Apr 25, 2019 9:44 am

--My advice below depends partially on the responses you provide to CR001's questions above--

Yes, you can apply to register your daughter under Section 3(2), while she is in the UK on a visit visa, as such an application would be under the British Nationality Act 1981 and not an immigration application.

For the same reason (i.e. that it is not an immigraton application), she will need to leave the UK if her application has not been successful (she has not received a registration certificate in hand) before the end of her visit visa.

Also be aware that a Section 3(2) application will make your daughter a British citizen by descent herself and any children born to her abroad will not have even an entitlement to be registered as a British citizen.
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.

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