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Act ammendment children born abroad parents marry subsequent

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

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bio
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Act ammendment children born abroad parents marry subsequent

Post by bio » Sat Jun 16, 2012 1:38 am

This a curly one.

Previously children born abroad to a British born father before 2006 whos parents marry subsequently could claim British Citizenship via Descent as the childs birth was legitimated at the time of the marriage. The child could apply before their 18th birthday..

They have now ammended the act which comes into force on July 1st.

Here is the relevant ammended section for which I need advice.

People born outside the UK on or after 1 January 1983

A person born outside the UK on or after 1 January 1983 (and outside a qualifying territory on or after 21 May 2002) is a British citizen at birth if, at the time of the birth, either parent is a British citizen 'otherwise than by descent' (s2(1)(a) BNA 1981).

For those born before 1 July 2006, 'parent' for these purposes does not include a father if the parents of the child were not married. Before that date, if the parents married each other in the UK after the child was born, then the child would be 'legitimate' for nationality purposes provided the father was 'domiciled' in the UK. In those circumstances, the child automatically becomes a British citizen at the date of the marriage. Section 9 2002 Act abolishes discrimination in nationality law against 'illegitimate' children for those born on or after 1 July 2006. It was brought into force on 1 July 2006 (see further above).

My question is, does this section now remove the right to apply for children whos parents marry subsequently outside the UK or whom are domiciled in another country?

if the parents married each other in the UK after the child was born, then the child would be 'legitimate' for nationality purposes provided the father was 'domiciled' in the UK.


I'm sure there are some people here with larger brains than mine

vinny
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Post by vinny » Sat Jun 16, 2012 2:08 am

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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