Citizenship options/routes for our American child?

[WorldWideJason]

My wife and I are South Africans living in the United States, where our 3yo child was born and currently has US citizenship and the ability to register as a South African citizen.

My wife is already a British Citizen by Descent. Her father was born in the UK and she was born in South Africa before 1983 and was registered as a British citizen at the time of her birth.

I was born in South Africa before 1983, to a mother who was British by Descent. Her father (my grandfather) was born in the UK and she was born in South Africa. So I have the option of either an Ancestry Visa or citizenship by Double Descent following the Romein ruling.

We don't have any immediate intention to move to the UK, but I have been wondering if applying for my own citizenship using the Romein ruling would potentially hinder our child's options.

From what I can tell, if I apply for citizenship now and am successful, neither my wife nor I could register or apply for our daughter's UK Citizenship as both of us would be British by Descent and unable to pass on that citizenship. So if we eventually did choose to move to the UK before she turns 18, she would have to join us on a Child Settlement Visa and then naturalize after 3 years. Alternatively, should we not move before she turns 17, she could always apply for South African citizenship, then apply for a UK Ancestry Visa through her maternal grandfather (who was born in the UK), then move to the UK and ultimately follow the UK naturalization process on her own should she so desire.

I guess what I'm really asking is a.) Are these her only two routes to UK Citizenship? Where both options would require relocating to the UK? and b.) Would applying for my UK Citizenship now potentially hinder her options later down the line?

[vinny]

Has your wife lived in the UK for at least three years prior to child’s birth?

[WorldWideJason]

Hi, Vinny!

I totally forgot about that! No, she has not previously lived in the UK for three or more years.

[vinny]

Then you are correct. Child should reside in the UK with parents for at least 3 years before registering under Section 3(5).

[WorldWideJason]

Thank you!

I figured that, either way, we would probably need to reside in the UK for the required time for her to qualify for citizenship. As long as acquiring UK citizenship myself doesn’t interferes with her options, I think I will go ahead and begin the process of applying for myself.

Thanks again!

[secret.simon]

If you plan to register your daughter as a British citizen, she needs to apply after three years residence in the UK with both parents, but before her 18th birthday. That means that the latest that she should move to the UK for a Section 3(5) registration is before her 15th birthday.

As her maternal grandfather was born in the UK, she can of course apply for an Ancestry visa later on, if she can not make the requirements for Section 3(5) registration.

a.) Are these her only two routes to UK Citizenship? Where both options would require relocating to the UK? and b.) Would applying for my UK Citizenship now potentially hinder her options later down the line?

You have got a very good understanding of the ways forward. Yes, the two paths that you have summarized are the two options open to her. Both will require residence in the UK for a period of time of at least three years. And your acquisition of British nationality via the Romein route will not impact your daughter’s prospective future acquisition of British nationality either positively or negatively.

[CR001]

If you plan to register your daughter as a British citizen, she needs to apply after three years residence in the UK with both parents, but before her 18th birthday. That means that the latest that she should move to the UK for a Section 3(5) registration is before her 15th birthday.

As her maternal grandfather was born in the UK, she can of course apply for an Ancestry visa later on, if she can not make the requirements for Section 3(5) registration.

a.) Are these her only two routes to UK Citizenship? Where both options would require relocating to the UK? and b.) Would applying for my UK Citizenship now potentially hinder her options later down the line?

You have got a very good understanding of the ways forward. Yes, the two paths that you have summarized are the two options open to her. Both will require residence in the UK for a period of time of at least three years. And your acquisition of British nationality via the Romein route will not impact your daughter’s prospective future acquisition of British nationality either positively or negatively.

Not sure if anyone noticed this sentence the OP wrote. Can you comment SS??

My wife is already a British Citizen by Descent. Her father was born in the UK and she was born in South Africa before 1983 and was registered as a British citizen at the time of her birth.

[secret.simon]

Not sure if anyone noticed this sentence the OP wrote. Can you comment SS??

My wife is already a British Citizen by Descent. Her father was born in the UK and she was born in South Africa before 1983 and was registered as a British citizen at the time of her birth.

Good catch, CR001. I believe that the OP meant that his British father in law had registered the birth of his daughter with the British consular authorities in South Africa. The daughter was a British citizen by descent automatically, but her British father was proactive enough to register the birth with the consular authorities. As I understand it, it was not a registration of a minor under the BNA 1948.

Can the OP confirm if my interpretation is correct?