Proof of residence Section 3(2)

[ic005qx00]

Hi,

I'm a UK Citizen by Descent - Born in South Africa. I've lived in the UK from 94 - 2000 finishing school, etc and returned to SA in 2001.

I've settled in the UK in 2014 and brought my wife (Spousal settlement Visa) and 2 children. They are due to have their Visa's renewed in April at a huge cost. I'd like to get the kids (8 and 10) their UK Citizenship under Section 3(2) which states I needed to live in the UK 3 years prior to the children's birth.

Has anyone been successful with this route? If so how difficult? I've managed to get proof of NI payments and can provide proof from school, doctors letters etc.

Appreciate any support/guidance offered.

[CR001]

If you have proof of previous 3 years residence then should be ok. They will be British by descent.

If you hold fire till they have been in the UK for 3 years, ie next year, you can register them under section 3(5) which would make them British Other than by Descent and they can pass BC onto their children if born abroad.

[ic005qx00]

HI there,

I have previously asked this and had confirmation that my children would qualify under Section 3 (2) as I am British by decent, and lived in the UK for 3 years prior to their birth.

I am about to submit my application and see that the following is listed in chapter 10.

d. (in the case of an application made before 13 January 2010) the application was made within 12 months of the minor's birth.

I'm just confirming that this is no longer a requirement as my children are 8 and 11 and the following section is stated:

In view of the amendments made to s.3(2) by the Borders, Citizenship 10
and Immigration Act 2009, we may normally grant applications made after 12 months of the minor's birth if:
• an application was made before 13 January 2010 but not determined
by that date, and
• the minor was aged under 6 on the date of application, and
• the other requirements for registration under s.3(2) are met

[ic005qx00]

I'm British by Descent. Applying for my Children to be the same under section 3(2). We are all living in the UK at the moment and due to this health surcharge, it's cheaper to do this than apply for another VISA + Health Surcharge + Citizenship later this year.

I lived in the UK as a teenager, 15 - 20/21(1994 - 2000) and finished school, worked etc. I need to prove my residence for 3 years before my childrens' birth. I've lost my old passport for that time, and all I have is school certificates, National Insurance Contribution summaries for those years.

Any advise what Else I can use?

Cheers,

[CR001]

Medical records, letter from previous schools should be fine. Any extra out of school activities, church membership etc??

A point to remember is that if the 3(2) application is unsuccessful, they will no longer have a valid visa if their visas have expired in April.

[ic005qx00]

Thanks,

I was thinking about the medical records too. I all ask to get an extract.

I'm aware of the risk doing it this way. I wasn't aware that there was a Section 3(2) years ago or would have done it then. Top of your head, why would they reject it?

Proof of residence, kids are 11 and 8. I've looked for similar posts but no one seems to give an update one submission.

[CR001]

Thanks,

I was thinking about the medical records too. I all ask to get an extract.

I'm aware of the risk doing it this way. I wasn't aware that there was a Section 3(2) years ago or would have done it then. Top of your head, why would they reject it?

Proof of residence, kids are 11 and 8. I've looked for similar posts but no one seems to give an update one submission.

For kids, letters from school/church/NHS etc. The entry stamp in their passport should also be sufficient.

Reject it - I was just saying as a precaution, as with HO anything is possible. We don't get many queries about 3(2) or 3(5) applications to be honest.

[ic005qx00]

Thanks, CR001. Appreciate the help.

Now to just do it.

[CR001]

Good luck and keep us updated.

BTW, as they are under 18, they are fortunate enough to retain SA citizenship too and you DO NOT need permission from the embassy to register them either.