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Am I eligible under Section 3(2) if stayed less than 3 yrs

Posted: Fri Dec 21, 2012 4:47 pm
by zubair_usman
Hello Everyone,

I am a British Citizen by Descent. I had a baby girl last year in Pakistan and I wish to register her for British Citizenship under section 3 (2) (Guide MN1)

According to section 3 (2), I must have lived in the UK for a continuous period of 3 years at any time before the child's birth. During that period my absences should not have exceeded 270 days.

I have lived in the UK from April 2001 To January 2004 (2 Years 9 Months). I have just one absence of 30 days.

QUESTIONS:
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1) IS MY BABY ELIGIBLE FOR BRITISH CITIZENSHIP WITH THE FACT THAT I HAVE LIVED IN THE COUNTRY FOR 2 YEARS AND 9 MONTHS?

2) IS IT POSSIBLE TO SHOW THE FIRST THREE MONTHS, I.E. FROM January 2001 TO April 2001, AS AN "ABSENCE" IN THE 3-YEAR RECKONABLE PERIOD? THIS WAY, I WILL MEET THE 3 YEAR PERIOD REQUIREMENT, AND MY ABSENCES FROM THE COUNTRY WILL NOT EXCEED 270 DAYS.

Any help in this regard would be highly appreciated.

Thanks
Zubair

Posted: Fri Dec 21, 2012 5:03 pm
by Jambo
You are required to have been present in the UK at the beginning of the 3 years period. However you can attach an absence at the end so your qualifying period would be April 2001-April 2004.

Posted: Sat Dec 22, 2012 11:25 pm
by zubair_usman
Jambo wrote:You are required to have been present in the UK at the beginning of the 3 years period. However you can attach an absence at the end so your qualifying period would be April 2001-April 2004.
Thanks Jambo.

As you said, I should show an absence at the end, and so my qualifying period would be April 2001 To April 2004. My only concern is to add this 3 months absence into the table because it also asks for a returning date to the U.K. Since I have not returned to the U.K. at all after I had left in January 2004, I cannot put in a returning date. So in my case, here are dates I would need to put into the table:

Country Visited: Pakistan
Date of departure from UK: Jan 2004
Date of return to the UK: ???? (I have never returned to UK Since then)
Total number of days absent:

Please reflect.

Posted: Tue Jan 01, 2013 8:29 am
by Jambo
I would just put number of days absent: 90 ( or whatever the number is) and add "90 days until the end of the qualifying period".

You can further explain on page 13 if you wish.

Posted: Tue Jan 01, 2013 10:10 pm
by zubair_usman
Jambo wrote:I would just put number of days absent: 90 ( or whatever the number is) and add "90 days until the end of the qualifying period".

You can further explain on page 13 if you wish.

Thanks a lot. Really appreciate all your help.