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British citizenship other than by decent - child born abroad

Posted: Mon Jun 01, 2015 10:08 pm
by simonc
Hi , Hopefully someone can help.

My wife and I were both born in the UK.

We migrated to Australia in 2006, became dual nationals in 2008 and had one of our children there in 2011 she was registered at birth as Australian. We returned to the UK in 2012 and have lived here for 3+ years since.

I understand that as my daughter was born abroad officially she is 'British by descent' which could impact her childrens right to be British should she have any.

I have found a lot of information about how to obtain registration to obtain 'British citizenship other than by descent' for children born abroad to parents who are 'British by Descent' ie form MN1 section 3(2) and 3(5). But not for the children of parents who are 'British other than by descent' as we are.

Can anyone advise:

If I can make her 'British other than by descent'
If I need to and if so is a form that handles this somewhere?
What the cost would be?

Thanks in advance...this has been doing my head in! :D

Simon

Re: British citizenship other than by decent - child born ab

Posted: Mon Jun 01, 2015 10:55 pm
by LilyLalilu
I don't think there is a way to make her British other than by descent but should she have children abroad she could register them as British if she has resided in the UK for a certain number of years.

Re: British citizenship other than by decent - child born ab

Posted: Mon Jun 01, 2015 10:57 pm
by CR001
And if she has children in the UK, they would be British automatically.

Re: British citizenship other than by decent - child born ab

Posted: Tue Jun 02, 2015 8:16 am
by simonc
Thanks for the replies.

Surely if parents who are British by descent are able to register their kids born abroad as British other than by decent using section 3(5) of form MN1, if they have been resident in the UK for 3 years before aged 18, a parent other than by descent should be able do the same.

Is it really right that it is not possible?

I must admit I have spent hours trawling the web and come up with nothing but it does not seem right.

Thanks
Simon

Re: British citizenship other than by decent - child born ab

Posted: Tue Jun 02, 2015 9:23 am
by vinny
No, unfortunately. A child who is automatically British by descent cannot change to become British otherwise than by descent. There are no provisions to do so.

Re: British citizenship other than by decent - child born ab

Posted: Tue Jun 02, 2015 9:51 pm
by simonc
OK, many thanks for your help and advice, while I was hoping there would be a way through, at least I can stop looking!

Cheers