Register child for citizenship / No present nationality

[Ancestral123]

I've attempted to cram the gist of my question in the subject (for future searches), but a bit more detail to follow...

I'm unfortunately in the position where my child has been born 8 weeks early, and 5 days BEFORE we have been granted ILR. This is unfortunate as I now have to pay the registration fee of £973!

My question is, with my child being registered under Section 1(3), will they be a citizen "by descent", or "otherwise than by descent"? (the MN1 guide doesn't make it clear). I'm wanting to ascertain if their children one day will be able to have their parents British citizenship passed to them were they to be born outside of the UK.

[Ancestral123]

My child has been born 8 weeks early, and 5 days BEFORE we have just been granted ILR!

I'm looking to register my child as a UK citizen now, but have not registered him for any other citizenship as of yet (I am South African and his mother is Singaporean). From my reading I don't see it as a requirement that my son HAVE to have a present nationality when applying under Section 1(3), as he fulfils all other criteria, but am wondering what to put in the box of the MN1 form 1.9 (Present Nationality).

I've read in places that I could apply on an S3 form, but when following the gov guidance links for my particular situation I'm sent back in a loop to the MN1 form!

My thinking is that I just leave this field blank, and give a brief explanation of my situation below it?

Any suggestions / advice would be most appreciated.

[CR001]

The child is NOT stateless. Child assumes parents nationalities, so either SA or Singapore.

[CR001]

Register in MN1, section 1 (3), child will be British otherwise than descent.

[Ancestral123]

Thank you very much CR001 for you help, much appreciated!

[JAJ]

The child is NOT stateless. Child assumes parents nationalities, so either SA or Singapore.

As I understand it, neither South Africa nor Singapore confer citizenship by descent unless an application for registration as a citizen is made and certain other requirements are fulfilled. If neither application has been made, then the child is currently stateless. Although that does not alter the pathway to British citizenship, section 1(3) of the 1981 Act.

Singapore citizenship, in particular, carries a National Service obligation and under current law, usually requires any foreign citizenship to be formally renounced in early adulthood. If the child's future does not lie in Singapore, it may be prudent to consider options before registering as a Singapore citizen, especially if child is also British. Ironically, it may be easier for child to establish residence in Singapore later in life as a foreigner rather than as a former citizen (if child renounces or is deprived of Singapore citizenship). Those in the Singaporean expatriate community will likely have more up to date information on developments in Singapore in this respect.

[Ancestral123]

Thanks for your comments JAJ.

Yes, the national service responsibilities are all too well known in my family, as I have another older son (currently 4), who we registered as a Singaporean citizen (at the time we felt me may return to the country soon), and who now has national service obligations.

Due to all those complexities, we have decided NOT to register our latest son as a Singaporean citizen... so his only other option would be South African. South African citizenship also requires a visit to the London embassy and around a years waiting time... so I'm hoping I can skip all this and simply register him as a direct British citizen.

[JAJ]

Your son does not need to have another citizenship in order to be eligible for section 1(3) registration as a British citizen. Are you intending to register your older son as a British citizen as well?

As I understand it, where a Singaporean has acquired another citizenship before age 11 there is a way to avoid NS but only if notice is given to the Singapore authorities at that time and Singapore citizenship is not used in any way after 11th birthday. In addition, the expectation would be that Singapore citizenship is renounced at age 21. Singapore also, in general, prohibits dual citizenship so an individual who has served NS will not be able to keep Singapore citizenship unless foreign citizenship is renounced- difficult for someone whose future lies outside Singapore. Some online searching should allow this to be confirmed and find resources for further discussion, etc.

[Ancestral123]

Yes, we will be registering my older son as a British Citizen for the very reason you cited. I have my calendar already marked with the various time stamps required to ensure that the national service is avoided (get other citizenship before 11, don't "benefit" from Singaporean nationality by way of passport etc. from age 11, notify MOD at 11 of intentions, then request various exit permits from Singapore government until 17.5 years old, then register for national service, then request deferment of NS till 21, then renounce citizenship!). We're hoping that the NS term is reduced to a year in the next 15-17 years, as well as the government allowing duel nationality in that time frame... we may then (and my son of course) consider him doing the NS, if those conditions were met.

Thanks again for your help!