Learner101 wrote: ↑Mon Apr 16, 2018 11:38 pm
1. Will the fact that my children are not resident in the UK affect their application.
3. Will the fact that my husband is not British affect their application negatively.
Section 3(2) is an entitlement to registration (and therefore cannot be refused) if certain conditions are met;
a) The applicant must be a minor (under 18 years of age).
b) One parent of the applicant must have been a British citizen
by descent (so, it does not apply to people who have become British citizens by naturalisation)
c) That parent must have resided in the UK for three continuous years before the birth of the applicant.
d) The parent of the parent mentioned above (the grandparent of the applicant) must have been a British citizen otherwise than by descent.
Physical presence of the applicants in the UK is not a requirement. Nor is the citizenship of the other parent relevant.
Your children seem to meet the requirements. So, you should not have a problem with applying for them.
Be aware that your children will not be able to pass on their British citizenship to their children if they (your grandchildren) are born outside the UK. Your grandchildren will fail condition (d) above.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.