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Registering minor as British Citizen by S.3(5) BRA

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

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gunz
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Joined: Tue Mar 05, 2019 3:46 pm
Hong Kong

Registering minor as British Citizen by S.3(5) BRA

Post by gunz » Sun Mar 10, 2019 12:11 am

I am a British Citizen by descent. My wife and my child are non-British Citizens. I am going to move the whole family to the UK with a family visa, aiming to get citizenship for my child before he comes to age 18.

According to S.3(5) of the British Nationality Act 1981 ("BRA"), from my understanding, both parents have to stay in the UK for 3 years in order to register the child as a British Citizen. However, some posts in this forum indicated that 5 years are required instead of 3 years, and the following Government website also advised that both parents have to be settled in order to apply a minor to be settled.

https://www.gov.uk/settle-in-the-uk/y/y ... t-applying

As the rule affects my plan to move my family to the UK at child's age of 12 or 14, anyone who has experienced the registration under route S.3(5) BRA can advise me how many years the family has to stay in the UK?

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Registering minor as British Citizen by S.3(5) BRA

Post by vinny » Sun Mar 10, 2019 1:01 am

Your quoted website may be misleading. 3 years (lawful) residence with parents for child may suffice.

Best to read Section 3(5) and relevant sections of caseworker’s guidance.
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.

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