Registering a Birth - Mother British by Descent (I think).

[aitch]

I'm expecting a baby in the new year and am trying to find out if he'll qualify for British citizenship.

I'm British, born in Saudi Arabia to both British parents with only a British birth certificate. I lived in the UK from 1987 to 2005 before marrying an American and moving to the US. The baby will be born in the US.

Will my child have the right to UK Citizenship? I'm getting more and more confused the more FAQs I look at.

Thanks for any help,
H

[vinny]

Child will be entitled to register under section 3(2) at the British Embassy.

[avjones]

Not necessarily, I think. The requirements under s.3(2) are set out in 3(3):

(c) that, as regards some period of three years ending with a date not later than the date of the birth—
(i) the parent in question was in the United Kingdom [F3 or a qualifying territory] at the beginning of that period; and
(ii) the number of days on which the parent in question was absent from the United Kingdom [F4 and the qualifying territories] in that period does not exceed 270.

And from what the OP says, she doesn't qualify thereunder?

[vinny]

I lived in the UK from 1987 to 2005 before marrying an American and moving to the US.

[avjones]

That is more than 3 years ago, and the baby's not born yet.

[vinny]

SECTION 3(2)
10.5 The Law
10.5.1 Minors are entitled to registration as British citizens under s.3(2) of the British Nationality Act 1981 if:

...

f. Or - if the child was born on or after 21 May 2002, the parent in question:
i. had, at any time before the minor's birth lived a qualifying territory for a continuous period of 3 years; and
ii. was in that qualifying territory at the beginning of that 3 year period; and
iii. was not absent from the qualifying territories for more than 270 days in that 3 year period (but see Note 2 below); and

[avjones]

Indeed, you are right, Vinny, and I'm wrong.

The OP therefore needs to show the 3 year period with no more than 270 missing.

[newperson]

aitch, what were your parents doing in Saudi Arabia when you were born? Was one or both working for a private company or in Crown Service (i.e., working for the UK government)?