Immigrationboards.com

Hello.
I am struggling to find a solution to this problem.
I am British citizen by descent. I was born in Oman and got British citizenship through my mother. I only lived in the UK a few years in my childhood.
My boyfriend was born in Belgium from American parents, but he never even lived in the US. He also is American only by descent.
We live in France, but because of my job I am required to go to Japan in July, but by then I will be too advanced in my pregnancy to be able to fly back. I have to either give up the job, or remain there till after delivery. I chose to stay in Japan to carry on the pregnancy safely.
My work is arranging all the medical care for me to have the baby delivered in Japan, but I just realised my child will not have any citizenship.
My boyfriend and me are not able to pass him out citizenship, because for both of us is only through descent, and we never lived in the countries of our passports.
But Japan operates a strict Jus Sanguinis, so my child will not be able to get Japanese citizenship.
We are only residents of France since 2 years, so that’s not enough for our case either.
I am really worried.
What options do I have?
Will my child be stateless?
In that case, how does it work? How will he be able to even travel back to France when it’s time to go back home?
Thank you to all those who will read my post.

MissMagdalen wrote: ↑

Sat Feb 24, 2018 11:06 am

I only lived in the UK a few years in my childhood.

If you lived in the UK for at least continuous 3 years, then your child will be entitled to register for British citizenship under Section 3(2).

I did, when I was 2 years old till I was 6.
Is that really enough?!
That would be brilliant

vinny wrote: ↑

Sat Feb 24, 2018 12:24 pm

If you lived in the UK for at least continuous 3 years, then your child will be entitled to register for British citizenship under Section 3(2).

Thank you so much, I read the publication you linked, it fits perfectly!
Now I can go to Japan a lot more relaxed knowing my child will not be without citizenship.
I will contact the British Embassy in Tokyo when I arrive so things can go smoothly when he’s born.

Thank you so much for your help.

Do you have documentation and/or other proof to show you had lived in the uk when you were a child?

Backer wrote: ↑

Sat Feb 24, 2018 3:20 pm

Do you have documentation and/or other proof to show you had lived in the uk when you were a child?

I have things like nursery school registration, vaccination records. Is it ok?

Provide as much evidence as you can.

Registration as a British citizen: children wrote:Documentary evidence required under section 3(2) Applications under section 3(2) must be supported by the following evidence:
• child’s birth certificate showing parents’ details
• the relevant documentation to establish that the parent in question was a British citizen by descent at the time of the child’s birth
• the relevant documentation to establish that the grandparent:
o was a British citizen otherwise than by descent at the time of the child’s parent’s birth
o became or would but for their death have become such a citizen on 1 January 1983
• parents’ marriage certificate if the claim is through the father
• if the child was not born stateless, passports or other documents to establish that the parent in question:
o lived in the UK or qualifying territories for 3 years prior to the child’s birth
o was not absent from the UK or qualifying territories for more than 270 days in that 3 year period
• if the child was born stateless:
o a letter from the authorities of the country of the child’s birth confirming the child did not acquire that country’s citizenship or nationality at birth
o if the other parent is neither a British citizen or a national of the country of the child’s birth a letter from the authorities of the country of which the parent is a citizen confirming the child did not acquire that country’s citizenship or nationality at birth

vinny wrote: ↑

Sat Feb 24, 2018 10:06 pm

Provide as much evidence as you can.

Registration as a British citizen: children wrote:Documentary evidence required under section 3(2) Applications under section 3(2) must be supported by the following evidence:
• child’s birth certificate showing parents’ details
• the relevant documentation to establish that the parent in question was a British citizen by descent at the time of the child’s birth
• the relevant documentation to establish that the grandparent:
o was a British citizen otherwise than by descent at the time of the child’s parent’s birth
o became or would but for their death have become such a citizen on 1 January 1983
• parents’ marriage certificate if the claim is through the father
• if the child was not born stateless, passports or other documents to establish that the parent in question:
o lived in the UK or qualifying territories for 3 years prior to the child’s birth
o was not absent from the UK or qualifying territories for more than 270 days in that 3 year period
• if the child was born stateless:
o a letter from the authorities of the country of the child’s birth confirming the child did not acquire that country’s citizenship or nationality at birth
o if the other parent is neither a British citizen or a national of the country of the child’s birth a letter from the authorities of the country of which the parent is a citizen confirming the child did not acquire that country’s citizenship or nationality at birth

Please note that if indeed you prove your child is born stateless there is no requirement to prove your prior 3 year residency in the UK.

I don't think "American by descent" is a thing. Have you looked at registering the baby with the US?

a_powers wrote: ↑

Mon Feb 26, 2018 7:17 pm

I don't think "American by descent" is a thing. Have you looked at registering the baby with the US?

Not that particular phrase, but US citizens do need to meet certain residential requirements in order to pass their US citizenship to children born abroad.

Travel.State.Gov - Acquisition of U.S. Citizenship by a Child Born Abroad wrote:Birth Abroad in Wedlock to a U.S. Citizen and an Alien

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7).) For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen.

MissMagdalen wrote: ↑

Sat Feb 24, 2018 11:06 am

My boyfriend was born in Belgium from American parents, but he never even lived in the US.