MN1 - Section of the British Nationality

[RSG]

Hi,

I'm sorry it is repeated question and bored.

I, my wife and son got ILR last year. We are now applying for BC same time. My son was born out side UK age 5.

I am really confused what section of British Nationality is he?

Many Thanks

[Jambo]

See Q1 in Citizenship FAQs - Common Questions - Read before posting - Children.

[RSG]

Many thanks Jambo

[RSG]

Hi Jambo,


In Q1 link, You asked me to read section 9.17, which is pasted below

"9.1.7 Registration under s.3(1) gives British citizenship by descent if:
•
the father or the mother was a British citizen at the time of the child's birth; or
•
the father or mother was a citizen of the United Kingdom and Colonies at the time of the child's birth and became, or would but for his or her death, have become a British citizen on 1 January 1983"


I or/and wife is/are not citizen of UK and/or Colonies. Can we apply section 3(1) as my son born abroad and been in UK since NOV 2008 (3 years 10 month and last 1 year in ILR) and I have ILR (1 year) and am now applying for BC.

Sorry If you think this question is being repeated.

Huge Thanks
RS

[Jambo]

The quote from the guidelines is not relevant to your case. You need to read 9.1.7 together with 9.1.8.

"9.1.7 Registration under s.3(1) gives British citizenship by descent if:
•
the father or the mother was a British citizen at the time of the child's birth; or
•
the father or mother was a citizen of the United Kingdom and Colonies at the time of the child's birth and became, or would but for his or her death, have become a British citizen on 1 January 1983"

9.1.8 In all other cases registration gives British citizenship otherwise than by decent


The relevant sections to your case are from 9.17 onwards and in particular 9.17.9.

9.17.9 We would normally expect that:
• at least one parent is British citizen or
• one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted

[RSG]

Hi Jambo,


Many thanks.


Thanks RS.