Referee for child who lives in the US

[JAmom]

Hello I am looking for advice. I have spoken to two different people advice and was give 2 different answer.
My fiance and I are trying to figure out if we need to apply for citizen or our daughter is automatically a British citizen. We live in the US my fiance is a British citizen under section 4C our daughter was born here in the US in 2018.
Do I need to apply for citizenship or just proof of citizenship.

Look forward to answers.
Thanks

[secret.simon]

How did the child's British parent acquire their British citizenship? Did the British parent acquire their British citizenship at (their own) birth or subsequently?

[JAmom]

Thanks for replying

He was born here in the US then moved to the uk when he was 3 he lived there until he was 20 with a ILR then he came back to the US then he went back and lived 2-3 years twice the last time he went back to live he applied for his citizenship in 2013 his certificate of citizenship says it was issued to him under section 4C

[secret.simon]

his certificate of citizenship says it was issued to him under section 4C

As he was registered as a British citizen under Section 4C, he himself is a British citizen by descent and cannot pass on British citizenship to his own children automatically.

From the fact that he was registered under Section 4C, I would guess that his own mother is/was a British citizen born or naturalised in the UK. Is that correct?

The ability of your daughter to acquire British citizenship will depend on how her paternal grandmother acquired her British citizenship.

[JAmom]

Yes his mom is British by birth and so was his grandmother.

[secret.simon]

Where was the paternal grandmother born? Does your fiance have her (his mother's) birth certificate?

[JAmom]

She was born in London he can get it from her. What has now is a copy of her passport

[secret.simon]

What has now is a copy of her passport

That may or may not be sufficient. It would be much better if he has his mother's British birth certificate.

Given the circumstances, the child can be registered under Section 3(2) of the British Nationality Act 1981, using Form MN1 (fees £1012), with the following proof;

a) that one parent was a British citizen by descent at the time of the child's birth (the father's registration certificate)
b) that the father spent any three continuous years in the UK before the birth of the child, with absences not exceeding 270 days in those three continuous years.
c) that the British parent of the British by descent father (in this case, the paternal grandmother) was either born, registered or naturalised in the UK (ideally the grandmother's birth certificate).

Keep in mind that the daughter, if she has children outside the UK, will not be able to pass on British citizenship to her children, as she herself will also be a British citizen by descent.

[JAmom]

Thank you so much for your time and helping me to clear up our misunderstanding.
This really helped

[secret.simon]

You're welcome. Fell free to post followup questions in this thread.

[JAmom]

Thank you

[JAmom]

hi good morning so we are filling out the MN1 form and we are on question 3.4 .
We filled in the info about my fiancé for question 3.1, 3.2,3.3 the period that he lived in the UK for the continuous 3 year period and the dates and time that he left the UK for vacation.
we are applying under section 3(2)
so I the non British parent does not need fill in info for question 3.4, 3.5 ?
and then continue with question 3.6 for filling in my mother-in-law info right?

Thanks JAmom

[secret.simon]

We do not actually know the questions on the form (and we can't see the form either).

So it would help if you copy paste the questions that you need assistance with here and we can guide you further.

[JAmom]

3.1 State which parent is the one who is a British citizen by descent and on whom this
Father
3.2 Provide the above parent’s addresses in the United Kingdom or the British overseas
territories during the reckonable 3 year period:
From: 1979
To: 1990
This ILR was issued in 1979
He then applied for his registration as British citizen in 2013


3.3 Give details of all absences from the United Kingdom and the British overseas territories
during the reckonable period of residence above.

3.4 Provide details of the other parent’s addresses in the United Kingdom or the British overseas
territories during the reckonable 3 year period (if different from 3.2):

[JAmom]

Hello we are urgently in need of some advice. We are living in the US our daughter is 2 and haven't been to school or daycare due to covid. We moved to our new address just before the lock down in March so we don't have any professional in her life other than her pediatrician who is American and said she was not comfortable give her passport details. We looked of and saw that referee for children isn't as strict.
So we got old friends friends of my parents to be referee.
As I mentioned before we are in the US and they are in the UK. We FedEx our daughter photo and the forms for them to fill out. We did our side and have a ll documents on check list. We are not sure if they have to send those papers back to us or they would post it in themselves.
Also was this ok to use family friends that knew my parent?
Please advice.
Looking forward to suggestions
Thank you

[CULLINAN]

Maybe @Raveena can help with the overseas MN1 process?

british-citizenship/mn1-application-t308033.html

The checklist and next steps should actually tell you what you need to do exactly after submission.

[JAmom]

We did the online application and it just gave us the option to print out the forms.

[CULLINAN]

We did the online application and it just gave us the option to print out the forms.

Referees usually sign and return the forms to the applicant. It is then your responsibility to post documents to UKVI along with other documents. I am not sure about the overseas procedure. However, as I said, the checklist and further actions page should tell you what to do next?

[JAmom]

Ok. Thank you for your help

[CR001]

What exactly have you applied for? A British passport or registration as British for the child?

Topics also merged! Helpful for members to understand the circumstances.

[JAmom]

I am not sure if you can see my previous post.
We are applying for registration using the MN1 form under section 3(2) my daughter father was born here in the us in 1973 to a British born mother.
They moved back to the UK in 1976 and he got his ILR in 1978 when he went to school there and didn't leave only for vacation here and there.
He cam back to the US to live but went back a couple other time to live the last Time he applied for his British citizen. So he is a uk passport holder.
We were told we could apply for our daughter registration under section 3(2) which is what we did