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Is a child who was registered as a BC British by descent ?

Posted: Wed Jul 06, 2011 4:33 pm
by fhumbert
I have been reading some posts about this but I can't get my hear around it.
My first born child is a British citizen by registration. She was born in the UK in August 2003. At the time I had already been exercising treaty rights for more than 5 years so technically I had PR automatically. But I did not know that at the time. So I applied for the family permit which officialised our permanent residency status under EEA rules.
After that I applied for my daughter's registration which was granted. When what I should have done is merely to apply for a British passport for her as both her parents were settled by virtue of the 5 year rule.

So I am wondering whether she is a BC by birthright or by descent or some other form of citizenship.

Thanks for any help.
Fred

Posted: Wed Jul 06, 2011 4:50 pm
by geriatrix
She is a British citizen other than by descent.

I stand to be corrected but, IMHO, since she was granted citizenship subsequent to registration application, she cannot be considered as British citizen by birth (as per records) - even though she may be (automatic acquisition of PR at end of 5 years in UK by EEA parent(s) exercising treaty rights and birth of child in UK after such date) in reality. In such case and law permitting, you may be able to get the records corrected - if you can prove the point.

Posted: Wed Jul 06, 2011 5:54 pm
by Backer
Does it make any difference if the child was already British at birth or registered later?

The child is no doubt British otherwise than by descent because his parents are not british

Posted: Wed Jul 06, 2011 5:57 pm
by Greenie
Backer wrote:Does it make any difference if the child was already British at birth or registered later?

The child is no doubt British otherwise than by descent because his parents are not british
and also, being british otherwise than by descent is more beneficial than being british by descent (not that there is any possibility that he is British by descent).

Posted: Wed Jul 06, 2011 6:25 pm
by geriatrix
Backer wrote:Does it make any difference if the child was already British at birth or registered later?
Not aware of any, if any exist.

Posted: Wed Jul 06, 2011 9:07 pm
by vinny
You may be able to get a partial refund of the registration fee, if registration was unnecessary.

Posted: Sun Jul 24, 2011 4:45 am
by JAJ
The registration certificate from the Home Office is a more conclusive evidence of British citizenship than anything else. And section 1(3) registration, if that's what the certificate says, is always "otherwise than by descent".

I would not go looking for a fee refund if it meant the certificate had to go back.