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UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Nov 03, 2016 4:19 pm
by DonsGoodwin55
I was born in South Africa, my mother is British so I obtained a British Passport through her. However my son, born in South Africa could not do the same, his father is Portuguese and my son now has a Portuguese passport and was able to move to UK with me. I would like to know what would happen with Brexit now, my son is 13 years old. We have lived here for 3 years. Any help will be most appreciated. Thanks
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Nov 03, 2016 4:24 pm
by CR001
If you are British by descent and have lived in the UK with your son for 3 years, you can register him as British.
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Nov 03, 2016 4:25 pm
by ohara
You are a British citizen by descent so you can not pass on British citizenship to any of your own children who are born outside the UK.
However as you and the child have now lived in the UK for at least 3 years, the child is entitled to be registered as a British citizen under section 3(5) of the British Nationality Act 1981.
Have a look at
Form MN1 and its associated guidance.
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Nov 03, 2016 4:27 pm
by DonsGoodwin55
This is fantastic, I thought I would have to have him wait 5 years before I can do this. Thanks all for your help. Relieved!
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Nov 03, 2016 4:30 pm
by noajthan
DonsGoodwin55 wrote:This is fantastic, I thought I would have to have him wait 5 years before I can do this. Thanks all for your help. Relieved!
And clever son keeps EU passport too - he's aced it.
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Mon Nov 07, 2016 9:34 am
by britishcitizenship
Does Portugal accept the dual nationality?
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Mon Nov 07, 2016 10:27 am
by ohara
britishcitizenship wrote:Does Portugal accept the dual nationality?
Yes, unconditionally. Just like the UK.
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Dec 01, 2016 10:48 pm
by Richard W
ohara wrote:However as you and the child have now lived in the UK for at least 3 years, the child is entitled to be registered as a British citizen under section 3(5) of the British Nationality Act 1981.
You're assuming the mother was British when the son was born. That seems unlikely from the son's age. I think we're in the grey area of Section 3(1) - registration at discretion. I would also worry that the son currently has no right to be in the UK - there was no mention of his father being in the UK.
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Dec 01, 2016 10:54 pm
by Casa
DonsGoodwin55 wrote:I was born in South Africa, my mother is British so I obtained a British Passport through her. However my son, born in South Africa could not do the same, his father is Portuguese and my son now has a Portuguese passport and was able to move to UK with me. I would like to know what would happen with Brexit now, my son is 13 years old. We have lived here for 3 years. Any help will be most appreciated. Thanks
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Thu Dec 01, 2016 11:25 pm
by Richard W
Casa wrote:DonsGoodwin55 wrote:I was born in South Africa, my mother is British so I obtained a British Passport through her. However my son, born in South Africa could not do the same, his father is Portuguese and my son now has a Portuguese passport and was able to move to UK with me. I would like to know what would happen with Brexit now, my son is 13 years old. We have lived here for 3 years. Any help will be most appreciated. Thanks
If the OP was born before 1st January 1983, she wasn't born British. She would have acquired British citizenship though registration under Section 4C, and the critical question is when.
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Fri Dec 02, 2016 8:13 am
by Casa
...and why would the son have "no right to reside in the UK" with a Portuguese passport if he is exercising his Treaty rights as a student?
Re: UK/SA/Portuguese Passport what will happen with Brexit?
Posted: Fri Dec 02, 2016 6:08 pm
by Richard W
Casa wrote:...and why would the son have "no right to reside in the UK" with a Portuguese passport if he is exercising his Treaty rights as a student?
Fair point.
However, is he? Assuming he counts as 'self-sufficient', he may well have fallen into the trap of not having CSI in place.