Child born abroad to a British father

[kylesusana]

Hello I am hoping that someone can clarify this for me:

I have British Citizenship through decent of my father who was born in the UK. I would like to inquire if my 17year old Daughter would be eligible for British citizenship. She is born: Nov.11 2001, we are both born in Canada along with her mother (Canadian Citizen).

Where she is under 18, will I be able to register her as a British Citizen?

[kylesusana]

Hello,

I am in the same situation, except I am a Citizen of Decent. And I would like to try to pass citizenship to my 17 year old daughter. My daughter and I are were both born in Canada - and live in Canada. I was born in 1981, her in 2001. I have not spent 3 years in the UK. Can i still register her for citizenship?

Thank you

Kyle May

[secret.simon]

Have you (the father) lived in the UK for any three consecutive years, with absences of no more than 90 days per year, before the birth of the child? If so, then the child is entitled (i.e. cannot be refused) to registration as a British citizen under Section 3(2) of the British Nationality Act 1981.

It is too late for you to move to the UK with the child and register her under Section 3(5) which requires her to live with you for three years in the UK before registration.

British citizenship by descent is typically restricted to one generation abroad. I believe that Canada is also modifying its laws to bring in such restrictions for its citizens.

[secret.simon]

Hello,

I am in the same situation, except I am a Citizen of Decent. And I would like to try to pass citizenship to my 17 year old daughter. My daughter and I are were both born in Canada - and live in Canada. I was born in 1981, her in 2001. I have not spent 3 years in the UK. Can i still register her for citizenship?

Thank you

Kyle May

Your child has no entitlement to registration as a British citizen. You could, in theory, apply under Section 3(1) - registration at the Home Secretary's discretion - but there are guidelines on the expectations of the Home Secretary before granting such registration. They include the child having ILR in the UK, at least one parent having British citizenship AND the other parent holding ILR or British citizenship, etc.

I would say that it is highly improbable verging on impossible that your child can be registered as a British citizen.