MN1 application: Apply for Section3(5) but got Section 3(2) instead

[Chrila]

Hi there,

Have been browsing the forum for a while but this is my first post, so thanks very much for reading.

Both me and my wife are born in Hong Kong and are British by descent under the British Nationality (Hong Kong) Act as both our fathers are civil servants in Hong Kong for decades. We have been studying, living and working in the UK since the 1990s. We have a 4 year-old daughter who was born in Hong Kong and has been living in the UK since she was 6 months old.

We have waited until the 3-year qualifying period has passed and have recently applied for our daughter her citizenship under Section 3(5) using MN1 form.
We knew we could have applied under Section 3(2) when she first arrived in the UK, but were hoping she could get her British citizen otherwise than by descent since she will be here for years to come.
However, we got a letter from the Home Office saying she was granted her British citizen by descent under Section 3(2) instead and the choice of selecting our application under Section3(5) was taken from us. We are now not sure whether we should appeal or just accept the decision.

Any one has similar experience or know what our options are now?
Many thanks.

[vinny]

The caseworker failed to follow their instructions.

Children born outside the UK
For children born outside the UK, you must first consider whether the person has an entitlement under section 3(5) of the British Nationality Act 1981, which gives British citizenship otherwise than by descent. You must then consider whether there is an entitlement under section 3(2). If no entitlement exists, you must consider the application under section 3(1).

Ask for a review.