Immigrationboards.com

Hi, after reading all the information in the gov website, we need some help.

My mother was born (both English parents) in Colchester, Essex, England and hold a British passport

I was born and live in Spain. I have Spanish and British Nationality and British and Spanish passports.

Our daughter was born this year here in Spain and she has Spanish nationality.

My question is:

Can we apply for British Citizenship by descent for my daughter?

We all live in Spain and visit the U.K. frequently.

Thank you in advance.

Yes, if you have lived in the U.K. continuously for at least 3 years prior to your daughter's birth.

What is the status of the child's other parent?

vinny wrote:Yes, if you have lived in the U.K. continuously for at least 3 years prior to your daughter's birth.

What is the status of the child's other parent?

Thanks for your reply. I´ve never lived in UK, that´s the problem.

My wife is Spanish, not British.

If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).

If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny

vinny wrote:If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).

Thanks for your replies. No other way other than living in UK for 3 years?

noajthan wrote:If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny

Thanks for your replies. No other way other than living in UK for 3 years, then?

javier wrote:

noajthan wrote:If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny

Thanks for your replies. No other way other than living in UK for 3 years, then?

No. British citizenship does not pass down perpetually to generations of children born outside the UK. You are British by descent yourself, so any children you have outside the UK will not be British. Have a read of this article: http://www.independent.co.uk/voices/as- ... 17716.html

If you lived in the UK for at least 3 years before the child was born, you can register the child as a British citizen under section 3(2). The child will also be British by descent.

If the child (and parents) live in the UK for at least 3 years, you can register them under section 3(5). The child will be British otherwise than by descent.

The cost of the application under either route is currently £936.

javier wrote:

vinny wrote:If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).

Thanks for your replies. No other way other than living in UK for 3 years?

3(2) & 3(5) are generous bonuses and opportunities gifted by HMG, if you will.

ohara wrote:

javier wrote:

noajthan wrote:If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny

Thanks for your replies. No other way other than living in UK for 3 years, then?

No. British citizenship does not pass down perpetually to generations of children born outside the UK. You are British by descent yourself, so any children you have outside the UK will not be British. Have a read of this article: http://www.independent.co.uk/voices/as- ... 17716.html

If you lived in the UK for at least 3 years before the child was born, you can register the child as a British citizen under section 3(2). The child will also be British by descent.

If the child (and parents) live in the UK for at least 3 years, you can register them under section 3(5). The child will be British otherwise than by descent.

The cost of the application under either route is currently £936.

Many thanks for that useful info. Now I understand what the "problem" is.

noajthan wrote:

javier wrote:

vinny wrote:If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).

Thanks for your replies. No other way other than living in UK for 3 years?

3(2) & 3(5) are generous bonuses and opportunities gifted by HMG, if you will.

Thanks. We or she´ll have to live in UK for at least 3 years then.

javier wrote:You mean trying to apply by section 3.2 or 3.5 ? Do they refund the money if they reject it?

No, HO do not refund the application fee if the application is refused. For either route, you have to meet the 3 year, either before birth or after birth, residence.

CR001 wrote:

javier wrote:You mean trying to apply by section 3.2 or 3.5 ? Do they refund the money if they reject it?

No, HO do not refund the application fee if the application is refused. For either route, you have to meet the 3 year, either before birth or after birth, residence.

Ok, many thanks for your time, both of you.