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Children born outside UK

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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javier
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Children born outside UK

Post by javier » Tue Sep 27, 2016 11:51 am

Hi, after reading all the information in the gov website, we need some help.

My mother was born (both English parents) in Colchester, Essex, England and hold a British passport

I was born and live in Spain. I have Spanish and British Nationality and British and Spanish passports.

Our daughter was born this year here in Spain and she has Spanish nationality.

My question is:

Can we apply for British Citizenship by descent for my daughter?

We all live in Spain and visit the U.K. frequently.

Thank you in advance.

vinny
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Re: Children born outside UK

Post by vinny » Tue Sep 27, 2016 12:22 pm

Yes, if you have lived in the U.K. continuously for at least 3 years prior to your daughter's birth.

What is the status of the child's other parent?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

javier
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Re: Children born outside UK

Post by javier » Wed Sep 28, 2016 8:22 am

vinny wrote:Yes, if you have lived in the U.K. continuously for at least 3 years prior to your daughter's birth.

What is the status of the child's other parent?
Thanks for your reply. I´ve never lived in UK, that´s the problem.

My wife is Spanish, not British.

vinny
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Re: Children born outside UK

Post by vinny » Wed Sep 28, 2016 9:20 am

If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
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Re: Children born outside UK

Post by noajthan » Wed Sep 28, 2016 9:22 am

If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny
All that is gold does not glitter; Not all those who wander are lost. E&OE.

javier
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Re: Children born outside UK

Post by javier » Wed Sep 28, 2016 10:13 am

vinny wrote:If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).
Thanks for your replies. No other way other than living in UK for 3 years?

javier
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Re: Children born outside UK

Post by javier » Wed Sep 28, 2016 10:15 am

noajthan wrote:If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny
Thanks for your replies. No other way other than living in UK for 3 years, then?

ohara
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Re: Children born outside UK

Post by ohara » Thu Sep 29, 2016 10:03 am

javier wrote:
noajthan wrote:If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny
Thanks for your replies. No other way other than living in UK for 3 years, then?
No. British citizenship does not pass down perpetually to generations of children born outside the UK. You are British by descent yourself, so any children you have outside the UK will not be British. Have a read of this article: http://www.independent.co.uk/voices/as- ... 17716.html

If you lived in the UK for at least 3 years before the child was born, you can register the child as a British citizen under section 3(2). The child will also be British by descent.

If the child (and parents) live in the UK for at least 3 years, you can register them under section 3(5). The child will be British otherwise than by descent.

The cost of the application under either route is currently £936.

noajthan
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Re: Children born outside UK

Post by noajthan » Thu Sep 29, 2016 11:33 am

javier wrote:
vinny wrote:If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).
Thanks for your replies. No other way other than living in UK for 3 years?
3(2) & 3(5) are generous bonuses and opportunities gifted by HMG, if you will.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

javier
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Re: Children born outside UK

Post by javier » Thu Sep 29, 2016 12:14 pm

ohara wrote:
javier wrote:
noajthan wrote:If you (parents) go and live in UK for 3 years with daughter then s. 3(5) of BNA will be available to her.

Edit: beaten by Vinny
Thanks for your replies. No other way other than living in UK for 3 years, then?
No. British citizenship does not pass down perpetually to generations of children born outside the UK. You are British by descent yourself, so any children you have outside the UK will not be British. Have a read of this article: http://www.independent.co.uk/voices/as- ... 17716.html

If you lived in the UK for at least 3 years before the child was born, you can register the child as a British citizen under section 3(2). The child will also be British by descent.

If the child (and parents) live in the UK for at least 3 years, you can register them under section 3(5). The child will be British otherwise than by descent.

The cost of the application under either route is currently £936.
Many thanks for that useful info. Now I understand what the "problem" is.

javier
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Re: Children born outside UK

Post by javier » Thu Sep 29, 2016 12:17 pm

noajthan wrote:
javier wrote:
vinny wrote:If she lives in the UK for at least 3 years before she's 18, then she will be entitled to register under 3(5).
Thanks for your replies. No other way other than living in UK for 3 years?
3(2) & 3(5) are generous bonuses and opportunities gifted by HMG, if you will.
Thanks. We or she´ll have to live in UK for at least 3 years then.
Last edited by javier on Thu Sep 29, 2016 12:19 pm, edited 1 time in total.

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CR001
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Re: Children born outside UK

Post by CR001 » Thu Sep 29, 2016 12:19 pm

javier wrote:You mean trying to apply by section 3.2 or 3.5 ? Do they refund the money if they reject it?
No, HO do not refund the application fee if the application is refused. For either route, you have to meet the 3 year, either before birth or after birth, residence.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

javier
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Re: Children born outside UK

Post by javier » Thu Sep 29, 2016 12:21 pm

CR001 wrote:
javier wrote:You mean trying to apply by section 3.2 or 3.5 ? Do they refund the money if they reject it?
No, HO do not refund the application fee if the application is refused. For either route, you have to meet the 3 year, either before birth or after birth, residence.
Ok, many thanks for your time, both of you.

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