Registration of Children as British Citizens

[Smit]

Hi all,

Here is my query:

Mother of two children (both currently living in Kenya and holding Kenyan passports) was previously a BOC and has now been registered as a British Citizen.

Both children are under the age of 10 years. Is it possible to register the children as British Citizens and if yes, on what forms. Any applications will be lodged at the BHC in Kenya.

The children's father is deceased and was a Kenyan citizen.

Thank you,

Smit

[Siggi]

If I understand you correctly, you are a BOC and therefore not born in the UK!

In which case you will not be allowed to register your childern as British.

Please take a second opinion, but I sure this is correct.

[Smit]

I believe that an application may be made under S. 3(1) of the BNA 1981 for the Home Secretary to exercise discretion and there would be no residence required in the UK as the children are under 13 years old.

I just need someone to confirm this and give any tips.

[JAJ]

I believe that an application may be made under S. 3(1) of the BNA 1981 for the Home Secretary to exercise discretion and there would be no residence required in the UK as the children are under 13 years old.

Children would normally need to be settled in the UK.

[Smit]

JAJ,

There is something in the Nationality Instructions which say that children under the age of 13 years would not require any residence in the UK (if they reach 13 years, they would require 2 years residence).

See here paragraph 9.15.19 http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

Smit

[John]

Smit I don't think that is what 9.15.19 says at all :-

9.15.19 The length of residence in the United Kingdom is less important for children under 13. If we are satisfied that their future lies here, and that registration would otherwise be appropriate, we need not normally take into account the length of residence here. There will be plenty of time for the children to establish their own personal connections with the United Kingdom before they become adults.

That is, I think it is clear that the child needs to be resident in the UK, but not resident for any particular length of time. Which is not quite the same thing as "would not require any residence in the UK".

I know of two brothers, one was 17 .... in fact 18 less 2 days! ..... who had lived in the UK for just over 2 years ... and his brother aged 11 ... in the UK just 3 months ... who applied for Registration as British at the same time ... both applications granted.

[Smit]

Thanks for your reply John.

In that case, it would appear that the children would need to come to the UK under visitors visas and then applications lodged for discretionary registration.

I was hoping that the applications could be made directly from Kenya as this would have saved the hassle of visa applications etc.

Anyway, thanks for your help.

Smit

[John]

No I do not think that visitors' visas would be sufficient. OK, that means they might be in the UK, but that does not make them resident.

I think that Child Settlement visas need to be applied for. Regretfully such applications now cost £500 ..... each! ..... or rather that sort of amount payable in local currency.

[JAJ]

JAJ,

There is something in the Nationality Instructions which say that children under the age of 13 years would not require any residence in the UK (if they reach 13 years, they would require 2 years residence).

See here paragraph 9.15.19 http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

However, children are still expected to be settled in the UK. In other words, living in the UK with ILR or equivalent.

There are exceptions, such as children adopted overseas by British citizens, or children of unmarried British fathers.

But if a parent becomes a British citizen after a child is born, the only way to get British citizenship for the child is normally to bring child to UK on a settlement visa and have the child registered as British once registered.

[Smit]

Thanks John & JAJ,

It appears that the kids will have no option but to to get settlement visas for the UK for a S. 3(1) application. I also notice that kids over 10 years need to be of good character.

It's a pity the mum had no option to put the kids names down on her British Citizenship application in Kenya.

Smit

[JAJ]

Thanks John & JAJ,

It appears that the kids will have no option but to to get settlement visas for the UK for a S. 3(1) application. I also notice that kids over 10 years need to be of good character.

It's a pity the mum had no option to put the kids names down on her British Citizenship application in Kenya.

But logical, considering that section 4B registration confers British citizenship by descent.