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Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 9:41 pm
by rajeevum
Hi
I am about to apply for registration of my son (7 years old) as a British citizen now.
However, I am confused of one specific scenario. If he gets registered as British citizen & he re-locates out of UK, what will happen when he turns 18? Does his citizenship lapse? Does he have to meet all requirements for Naturalisation as an adult (including ILR, 5 years residence in UK etc).
Kindly help me with this.
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 9:46 pm
by Richard W
Nothing happens when he turns 18. He remains a British citizen. Now, if he also has a nationality where dual nationality is strongly discouraged, he may then soon have to take steps to preserve such a nationality - if he cares about keeping it. (I think there may be cases where action needs to be taken earlier.)
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 9:53 pm
by rajeevum
Ok ..thanks for your prompt reply. But, gov.uk states that they will have to apply for naturalisation using Form AN when they turn 18. That is what made me think
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 9:56 pm
by vinny
rajeevum wrote:Ok ..thanks for your prompt reply. But, gov.uk states that they will have to apply for naturalisation using Form AN when they turn 18. That is what made me think
Can you give a link and quote?
Naturalisation is only applicable to non-British citizens...
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 9:56 pm
by CR001
rajeevum wrote:Ok ..thanks for your prompt reply. But, gov.uk states that they will have to apply for naturalisation using Form AN when they turn 18. That is what made me think
No, it DOES NOT state that. If that is what you have interpreted, quote the text/link so we can see what exactly you are referring to.
Registration for children is the same as naturalisation for adults, same process just a different name. Once registered as British, the child is British, it is not lost at 18.
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 10:01 pm
by noajthan
I'm familiar with that paragraph - it is poorly worded or at least open to misunderstanding by those whose mother tongue is not English.
It just gives a false impression.
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 10:02 pm
by rajeevum
" This guide assists children who have not yet reached the age of majority (age 18) to
become British citizens under the following sections of the British Nationality Act
1981. Once a child reaches age 18 they will have to apply to naturalise using form
and guide AN."
Above is an extract from the Guide MN1.
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 10:04 pm
by noajthan
noajthan wrote:I'm familiar with that paragraph - it is poorly worded or at least open to misunderstanding by those whose mother tongue is not English.
It just gives a false impression.
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 10:19 pm
by CR001
rajeevum wrote:" This guide assists children who have not yet reached the age of majority (age 18) to
become British citizens under the following sections of the British Nationality Act
1981. Once a child reaches age 18 they will have to apply to naturalise using form
and guide AN."
Above is an extract from the Guide MN1.
You have misinterpreted what it says. It means use MN1 if the child HAS NOT reached 18. If child is or has turned 18, then they have to naturalise on form AN, even if still dependent on parents and cannot use MN1. MN1 can only be used for children under 18. Form AN has to be used for children who are 18 and over.
Re: Citizenship when Children turn 18
Posted: Fri Feb 26, 2016 10:33 pm
by Richard W
CR001 wrote:Registration for children is the same as naturalisation for adults, same process just a different name. Once registered as British, the child is British, it is not lost at 18.
Note that registration is also available for adults in some categories.
The basic idea is that registration is for those who almost qualify as British, but for whom a deliberate step is required. Naturalisation is for those who have no prior connection, but now offer their allegiance. As a big step, naturalisation is only available for adults. However, their children can then be registered; their near Britishness comes from their parent, who is newly British.
There is one big difference. While those who naturalise as British can be deprived of Britishness for extreme disloyalty (I forget the exact definition) even if it makes them stateless, those who are registered as British cannot be so deprived if it would make them stateless.
Re: Citizenship when Children turn 18
Posted: Sat Feb 27, 2016 3:01 am
by secret.simon
Richard W wrote:There is one big difference. While those who naturalise as British can be deprived of Britishness for extreme disloyalty (I forget the exact definition) even if it makes them stateless, those who are registered as British cannot be so deprived if it would make them stateless.
The term you are looking for is "engaged in conduct “seriously prejudicial” to the UK’s vital interests".
Broadly, people can be deprived of their British nationality for three major reasons;
a) Under
Section 40(2) & 40(4) of the BNA 1981, any British national, even those born British, can be deprived of British nationality if
- it would be conducive to the public good to deprive the person of their British citizenship status
and
to do so would not render them stateless
b) Under Section 40(4A) of the BNA 1981 (inserted by the Immigration Act 2014),a British national through naturalisation can be deprived of citizenship if two conditions are met
- it would be conducive to the public good to deprive them of their status because they have engaged in conduct “seriously prejudicial” to the UK’s vital interests,
and
the Home Secretary has reasonable grounds to believe that they could acquire another nationality;
c) Under Sections 40(3) and 40(6) of the BNA 1981, a British nationality who acquired their citizenship status through naturalisation or registration can be deprived if the nationality was obtained by means of fraud, false representation or concealment of any material fact.
Richard W wrote:The basic idea is that registration is for those who almost qualify as British, but for whom a deliberate step is required. Naturalisation is for those who have no prior connection, but now offer their allegiance.
Before 1983, Commonwealth citizens registered (as they would have owed allegiance to the Queen either as monarch or as Head of the Commonwealth) while aliens (no, not those aliens but people from outside the Commonwealth) naturalised. Interestingly enough, BPPs had to be naturalised and were not treated as Commonwealth citizens.
Since 1983, the broad rule has been that children register while adults naturalise. But there are relics of the old rule in provisions for people holding other forms of British nationality (such as BOCs or British Subjects) to register as British citizens.
Another relic of the old rule was that till 2004, Commonwealth citizens who owed allegiance to the monarch in another Commonwealth Realm did not need to take the oath of allegiance when naturalising.
Re: Citizenship when Children turn 18
Posted: Sat Feb 27, 2016 3:19 am
by secret.simon
Re: Citizenship when Children turn 18
Posted: Sat Feb 27, 2016 5:18 pm
by Amber
I think CR001 answered the question and in the context she was correct that an adult would not be registered, the topic is wandering somewhere else now.