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registering child from british overseas territory
Posted: Sun Mar 01, 2015 2:15 am
by bananabanana
My husband and I are both British by descent (currently living in Canada). We would like our son to have British citizenship. I understand that we need to live in the UK for three years (prior to our son's 18th birthday) before we can register our son. Does that sound right?
I'm wondering if we can register our son after three years in a British Overseas Territory. Or, do we specifically need to be in the UK?
Thank you in advance.
Re: registering child from british overseas territory
Posted: Sun Mar 01, 2015 11:28 am
by milan69
I believe you have to have been living in UK for 3 years.
http://webarchive.nationalarchives.gov. ... ornabroad/
Re: registering child from british overseas territory
Posted: Sun Mar 01, 2015 4:22 pm
by bananabanana
Thanks for the reply. I did some clicking around and I think this is the page that applies to my situation as we are planning to move to a British Overseas Territory will be living there at the time of application.
http://webarchive.nationalarchives.gov. ... ngintheuk/
My worry is that I've misunderstood something or this only applies to parents with British Overseas Territory Citizenship.
Re: registering child from british overseas territory
Posted: Sun Mar 01, 2015 4:56 pm
by secret.simon
From the text of the law (Section 3(5) of the British Nationality Act 1981), residence of three years in any qualifying British Overseas territory seems to give the child an entitlement to registration as a British citizen.
http://www.legislation.gov.uk/ukpga/1981/61/section/3
Re: registering child from british overseas territory
Posted: Sun Mar 01, 2015 4:59 pm
by milan69
Maybe I am missing something but the way I see it you have to be living in the UK. The headline of the mentioned section says
Children born abroad to parents who are British by descent and who are now living in the United Kingdom - section 3(5) application
Re: registering child from british overseas territory
Posted: Sun Mar 01, 2015 5:09 pm
by secret.simon
Fourth bullet point in the link below specifically includes "British overseas territory".
http://webarchive.nationalarchives.gov. ... ngintheuk/
Re: registering child from british overseas territory
Posted: Sun Mar 01, 2015 6:22 pm
by milan69
It seems you are right.