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Registering a child as British Citizen
Posted: Mon Jul 30, 2018 4:37 pm
by newbie715
Hi, my husband is British by descent and has lived in the UK for 25 years. I joined him in the UK on spouse visa Oct 2015. I travelled to America on a visit and ended up having our child there this January. We returned in February on her American passport stamped in for 6 months which will be up in August. We are trying to register her as a British citizen, can she be registered under 3(1) as we are unable to register under 3(2) as my husband's father became a British Citizen after my husband's birth or 3(5) as neither I nor our baby has lived here up to 3 years, I would have lived here for 3 years by October this year. Please any advice will be very welcome before she becomes illegal here. Should we get a visa for her?
Re: Registering a child as British Citizen
Posted: Mon Jul 30, 2018 4:57 pm
by secret.simon
For a registration under Section 3(1), the general expectation is that one parent has or is applying for British citizenship, while the other parent and the child have ILR. In the meanwhile, the child should apply for the same visa that the less-privileged parent (you) is on.
Alternatively, you can put forward an argument as to why an exception to the general rule should be made for your child. But a registration under Section 3(1) is at discretion and can be refused.
Once the child completes three years of residence in the UK, with the British by descent parent, s/he is entitled (i.e. cannot be refused) to be registered as a British citizen.
Re: Registering a child as British Citizen
Posted: Mon Jul 30, 2018 7:45 pm
by newbie715
secret.simon wrote: ↑Mon Jul 30, 2018 4:57 pm
For a registration under Section 3(1), the general expectation is that one parent has or is applying for British citizenship, while the other parent and the child have ILR. In the meanwhile, the child should apply for the same visa that the
less-privileged parent (you) is on.
Alternatively, you can put forward an argument as to why an exception to the general rule should be made for your child. But a registration under Section 3(1) is at discretion and can be refused.
Once the child completes three years of residence in the UK, with the British by descent parent, s/he is entitled (i.e. cannot be refused) to be registered as a British citizen.
Thanks secret.simon for the quick response. I am currently on FLR(M) which visa should I apply for my child in this instance. Can she be on FLR too. I am confused as FLR is the second stage of my visa following my initial spouse settlement visa.