Immigrationboards.com

Hi There, sounds like an easy question but in our case, this is a bit tricky and I struggle to find an answer.

So here is the composition of my family :
Me = French, born in France, from a deep rooted French family tree
My husband = British by descent. Born in South Africa. From a British mother and a British by descent father. Both his grand-parents are deep rooted British.

First daughter = born in England. In the process of applying for dual citizenship (the procedure is free and easy in France).
Second daughter = born in France >> We are trying to figure out if she can apply for British nationality too.

We are going to move back in the UK next year, i don't know if this information is relevant or not.
I didn't mind before, but with Brexit, things seem more complicated now.

Thank you very much for your answers.

Cecilia

Has father/hubby lived in UK 3 years?

Has child #2 lived in UK?

Take a look at registration under section 3(2) and 3(5) of BNA.

Worst case look at s.3(1) of BNA; (ILR in UK required).

Ref: https://www.gov.uk/government/publicati ... n-form-mn1

cecilia wrote:British by descent. Born in South Africa. From a British mother and a British by descent father.

Does your husband have a British passport or any other proof of having British citizenship?

Has your husband lived in the UK for at least three continuous years in the past? -> Register the child as a British citizen under Section 3(2) of the BNA 1981.

Else, after moving back to the UK and having lived for three continuous years in the UK, register the child as a British citizen under Section 3(5) of the Act linked to above.

Both registrations listed above are entitlements (i.e. can not be refused) while the child is a minor.

The registration would cost £936 at the moment (likely to increase yearly). We are not as cheap as France.

EDIT: Beaten by Noajthan's much more concise response.

3(2) registration generally requires the British by descent parent to have lived in the UK for at least 3 years before the child is born.

3(5) requires the child and both parents to have lived in the UK for at least 3 years.

Both are entitlements (cannot be refused) if the criteria is met. The latter is preferable as it will lead to the child becoming a British citizen otherwise than by descent.

So the mission, should you choose to accept it, is to organise your life so that French daughter spends 3 yeara in UK with parent (papa) to become a BC otbd.

Thank you so much ohara and noajthan>> damn you made me laugh !!!
Husband has lived in the UK 14 years and me 6 years prior her birth.
I guess we will have to wait 3 years upon our return to apply for it Mission accepted !

cecilia wrote:Thank you so much ohara and noajthan>> damn you made me laugh !!!
Husband has lived in the UK 14 years and me 6 years prior her birth.
I guess we will have to wait 3 years upon our return to apply for it Mission accepted !

As long as daughter is under 15 years old you/she have time.

You could ofcourse go for 3(2) almost immediately but British other than by descent, 3(5) trumps British by descent, 3(2).
Future generations will surely thank their wise grandparents.

(Ofcourse being French is wonderful too).

Read the guidance (linked above) so you are clear on the evidence and requirements.

Bonne chance!

Both registrations listed above are entitlements (i.e. can not be refused) while the child is a minor.

The registration would cost £936 at the moment (likely to increase yearly). We are not as cheap as France.

EDIT: Beaten by Noajthan's much more concise response.

Sorry your response was hidden by an ad banner
Thanks, i didn't realise it will cost me an arm to register her birth , it's just free in France, can you believe it. This is just crazy.

But, as they say in France, its because she's worth it!

cecilia wrote:Thanks, i didn't realise it will cost me an arm to register her birth , it's just free in France, can you believe it. This is just crazy.

No, you'd be effectively enrolling her as a British citizen, not registering her birth. She'll still need her French birth certificate. You would be buying her British citizenship at a concessionary rate. There's only a 244% profit. Besides, her expected salary as a British citizen is £22,700. (What do you mean, "She'd do about as well in France"?) Source: p20 of Impact Assessment for the Immigration and Nationality (Fees) Order 2016.

cecilia wrote: Thanks, i didn't realise it will cost me an arm to register her birth , it's just free in France, can you believe it. This is just crazy.

You're not registering the birth! In fact you do not even need to register the birth in the UK as she was born in France.

You will be applying for her to be registered as a British citizen.

http://www.legislation.gov.uk/ukpga/1981/61/section/3

"Registration" is simply the name of the process by which children can obtain British citizenship if they do not acquire it automatically at birth etc. The equivalent process for adults is called naturalisation (the difference being that naturalisation is ALWAYS at discretion, whereas in many cases, registration can be an entitlement such as in your case). To add to the confusion, some adults are also able to register as British citizens too, but only in certain circumstances.

ohara wrote:"Registration" is simply the name of the process by which children can obtain British citizenship if they do not acquire it automatically at birth etc. The equivalent process for adults is called naturalisation (the difference being that naturalisation is ALWAYS at discretion, whereas in many cases, registration can be an entitlement such as in your case). To add to the confusion, some adults are also able to register as British citizens too, but only in certain circumstances.

Historically, registration is for someone who is 'almost' British. Naturalisation is for an outsider joining the British nation. Thus, 'good character' used not to be requirement for registration. It was a nasty change to the law made in a hissy fit at David Hicks registering as British. If British legislators were not concerned about the ill consequences of bestowing an extra citizenship on someone, he would simply have had British citizenship bestowed upon him.

Richard W wrote:Historically, registration is for someone who is 'almost' British. Naturalisation is for an outsider joining the British nation.

I was eligible for 3(2) and 3(5) registration until my 18th birthday but I still joined as an 'outsider'