Citizenship for my 4 year old

[sandramck]

I have a British Passport which I applied for as mý mother is british citizen not born I'm UK I was born in Australia. My daughter has moved to the UK and is living with me I have parental responsibility. I applied for passport for her but just got letter saying she can't get one.can you help as I am solely responsible and she is 4 born in new Zealand. How can she stay here I am so worried ihave legal parental responsibility signed and witnessed thanks

[noajthan]

I have a British Passport which I applied for as mý mother is british citizen not born I'm UK I was born in Australia. My daughter has moved to the UK and is living with me I have parental responsibility. I applied for passport for her but just got letter saying she can't get one.can you help as I am solely responsible and she is 4 born in new Zealand. How can she stay here I am so worried ihave legal parental responsibility signed and witnessed thanks

What is child's current immigration status in UK?

My understanding is you are British by descent (from your mother who, if she naturalised, or was UK-born is British other than by descent).
As a Briton by descent I don't think you can transmit citizenship automatically to your child if s/he was born abroad (not in UK).

All is not lost.
There may be options to register your child as British. If successful you could then apply for a passport for her.

Children born to parents who are British by descent have no automatic claim to British citizenship. Applications may be made through entitlement under section 3(2) or section 3(5) if children satisfy the requirements for registration.
Or they may apply at the Home Secretary’s discretion under section 3(1) if there are compelling or exceptional reasons for registering a child as British.

Suggest start here:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see references to Sections 3(2) & 3(5) of BNA

[ohara]

If possible, a section 3(5) registration is the way to go as it will lead to the child becoming British otherwise than by decent. A section 3(2) registration leads to becoming British by descent (as the OP seems to be).

Both are entitlements, and generally 3(2) requires the parent to have lived in the UK for at least 3 years before the child was born, and 3(5) requires the parent and child to have lived in the UK for at least 3 years after the child was born. The latter requires the consent of both parents, whereas the former requires only one.

You're not the first one to be caught out by this, assuming your born-abroad child is automatically British just because you are. Here is a similar case I read about on a news website a while ago.

[sandramck]

I can only do it under section 3(2) as I have not lived in UK for 3 years with my daughter I did live in UK growing up which was before her birth and was for 3 years. What Form do I complete thanks for your help is my daughter allowed to reside with me whilst doing this application as I am her only parent here.

[noajthan]

I can only do it under section 3(2) as I have not lived in UK for 3 years with my daughter I did live in UK growing up which was before her birth and was for 3 years. What Form do I complete thanks for your help is my daughter allowed to reside with me whilst doing this application as I am her only parent here.

Form MN1 from Gov UK website.

What is child's current immigration status in UK?

[CR001]

How long did you live in the UK as a child?

Do you have or can you get any evidence of this?

See section 3(5) application for your daughter.

http://www.legislation.gov.uk/ukpga/1981/61/section/3

[sandramck]

To apply is very expensive I am her dependant is there any other way she can stay in the UK without doing the citizenship route as when my brother and I grew up in England as children we didn't have british citizenship and we lived and went to school here before returning to nz

[noajthan]

To apply is very expensive I am her dependant is there any other way she can stay in the UK without doing the citizenship route as when my brother and I grew up in England as children we didn't have british citizenship and we lived and went to school here before returning to nz

What is child's current immigration status in UK

[sandramck]

My daughter has stamp for 6 months at present and proving living here as youngster difficult although I presume school records and I would presume immigration would have a record when I was young coming into UK?

[sandramck]

Just really need to know if she can reside here without being citizen as I am her sole parental responsibility

[noajthan]

Just really need to know if she can reside here without being citizen as I am her sole parental responsibility

She would have to switch to family settlement visa route. But my understanding is a visitor cannot switch from within UK. (Not sure).

As child is already entitled to become a citizen, and its going to be quicker and probably less costly in the long-run, would suggest thinking about that valuable option. (Family settlement path will only, in the end, get you to where you are more or less at already).

[Casa]

Just really need to know if she can reside here without being citizen as I am her sole parental responsibility

She would have to switch to family settlement visa route. But my understanding is a visitor cannot switch from within UK. (Not sure).

As child is already entitled to become a citizen, and its going to be quicker and probably less costly in the long-run, would suggest thinking about that valuable option. (Family settlement path will only, in the end, get you to where you are more or less at already).

Quite right Noajthan. Not possible to switch from visitor to any other visa category from within the UK. The family settlement route incurs very high visa
costs throughout the 5 year path. Note Noajthan's sage advise above.

[CR001]

Child would likely be granted ILE so it won't be a 5 year route. Not sure if Set(F) might work, also a high cost though. BC is cheaper.

[vinny]

when my brother and I grew up in England as children we didn't have british citizenship and we lived and went to school here before returning to nz

Under what provisions were you registered as a British citizen?

[sandramck]

Under section 3 (2) for my daughter what is acceptable proof of me living in UK 3 years before her birth as I don't have my old passport when I was young any longer would proof of my mother receiving child benefit for over 3 years be acceptable do you think or would immigration have a record of when I lived here when I was at school age. I don't want to apply and spend over £900 for her application and lose it because of the proof of me living here for 3 years is not acceptable thanks very much as well for all your advice

[sandramck]

Hi I put message on 28th no response I am just trying to find out under section 3(2) on Form mn1 for my daughter I have to prove I lived here before her birth for 3 years I cannot find my passport when I was a child so wondered if I can use proof of my mother getting child benefit for 3+ years for me or what else would be acceptable or would immigration have a record when they stamped my passport as a child as I was born in Australia and lived whilst a child and attended school in UK I really need to get this info so I can apply asap thanks

[noajthan]

People may have been away for bank holiday.

You can use those docs for a start.

How about also digging out school records; Sunday school/church records; Brownies/Girl Guides &/or doctor's/dentist's records.